1 CGHC010202072026 2026:CGHC:32392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5637 of 2026 Shahrukh Khan S/o Sultan Khan Aged About 28 Years R/o Kheliya Mod Jagner Road, Barwali Gali, P. S. Shahganj, Agra, District Agra (U. P.) ...Applicant versus State Of Chhattisgarh Through Police Station Civil Lines, District Raipur Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajat Agrawal, Advocate. For Non-applicant/State : Mr. Subham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 77/2026, registered at Police Station – Civil Lines District Raipur (C.G.) for the offence punishable under Section 20(b) of the NDPS Act. 2. The prosecution case, in brief, is that on 08.02.2026, the police of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.29 14:34:42 +0530 2 Police Station Civil Line Raipur received information from an informer that two persons are standing near a building under construction near Khazana Chowk and both of them have kept narcotic substance Ganja in a big traveler's bag for sale. On the said information, the police of Police Station Civil Line Raipur conducted a raid under the provisions of the NDPS Act and arrested the applicant/accused Shahrukh Khan and co-accused Rahul Kushwaha was caught after a siege at the address given by the informer and on searching him, one packet of narcotic substance Ganja weighing 1.864 kg wrapped with brown cello tape was found. inside the dealer's bag in the possession of applicant/accused Shahrukh Khan and two packets of narcotic substance Ganja weighing 4.835 kg wrapped with brown cello tape were found inside the dealer's bag in the possession of co-accused Rahul Kushwaha. Thus, a total of 6 699 kg of illegal narcotic substance Ganja was seized from the joint possession of applicant/accused Shahrukh Khan and co-accused Rahul Kushwaha. A crime was registered against the accused and after investigation, a charge sheet was presented under Section 20(b) of the NDPS Act. 3. Learned counsel for the applicant submits that, as per the prosecution case itself, only 1.864 kg of Ganja has allegedly been recovered from the conscious possession of the applicant, which is below the commercial quantity prescribed under the NDPS Act; therefore, the rigours of Section 37 of the NDPS Act are not attracted. It is further submitted that separate recoveries have been shown from the present applicant and the co-accused, Rahul Kushwaha, from their respective bags, and thus the total alleged recovery of 6.699 kg of Ganja cannot 3 be attributed to the exclusive or conscious possession of the applicant. Learned counsel contends that, apart from the alleged seizure, no other incriminating material, such as cash, weighing machine, packing material, mobile phone chats, or any other evidence indicating involvement in the sale or trafficking of narcotic substances, has been recovered from the applicant. It is also submitted that the mandatory provisions relating to search and seizure under the NDPS Act have not been duly complied with, rendering the alleged recovery doubtful and a matter to be tested during trial. Learned counsel further submits that the investigation has been completed and the charge- sheet has already been filed before the competent Court; therefore, no further custodial interrogation of the applicant is required. It is argued that the applicant has no criminal antecedents, is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution evidence. It is further submitted that the trial is likely to take considerable time to conclude and continued incarceration would amount to undue hardship and virtually amount to pre-trial punishment, contrary to the settled principle of presumption of innocence and the guarantee of personal liberty under Article 21 of the Constitution of India. The applicant undertakes to cooperate with the trial and is ready and willing to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting him regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 4 5. I have heard learned counsel for the parties and perused the case- diary. 6. aking into consideration the facts and circumstances of the case, that the contraband article, i.e., ganja, was recovered from the possession of the applicant, which is less than the commercial quantity, and also considering the fact that the charge-sheet has been filed before the competent Court, the applicant has no criminal antecedents, and he is in jail since 08.02.2026, and further that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Shahrukh Khan, involved in Crime No. 77/2026, registered at Police Station – Civil Lines District Raipur (C.G.) for the offence punishable under Section 20(b) of the NDPS Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya 5 Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav