1 CGHC010283012026 2026:CGHC:32701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6855 of 2026 Amit Khora S/o Dilip Khora, Aged About 19 Years R/o Barniput, Police Station Jeypore Sadar, District- Koraput (Odisha) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Nagarnar District- Bastar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Manish Nigam, Advocate For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.79/2025, registered at Police Station- Nagarnar District- Bastar (C.G.) for the offence punishable under Sections 20(B) ii (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). 2. The prosecution case, in brief, is that on the basis of a specific secret information received from an informant (Mukhbir Soochana), KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Assistant Sub-Inspector Jadooram Baghel of Police Station- Nagarnar, along with the police party, intercepted the accused persons and conducted a search. During the search, the police allegedly recovered a total of 30.294 kilograms of Ganja (Cannabis), which falls within the category of commercial quantity under the NDPS Act. As per the prosecution, two packets of Ganja were recovered from the boot space (dikki) of a red and black TVS NTORQ Scooty bearing Registration No. OD-10-X-1749, two packets were recovered from the boot space of a maroon TVS Jupiter Scooty bearing Registration No. OD-10-W-0408, and two packets wrapped in brown cello tape were recovered from a black backpack kept on the floorboard of one of the scooters. After completing the necessary seizure and other procedural formalities, the police registered the FIR against the accused persons for offences punishable under the provisions of the NDPS Act, alleging that they were found transporting and in conscious possession of the recovered contraband. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is innocent. It is contended that the prosecution has alleged joint possession against four persons travelling on separate two-wheelers, however, the alleged recovery was made from two different vehicles and the investigating agency failed to prepare separate seizure memos indicating the quantity allegedly recovered from each vehicle or from the conscious possession of each accused, thereby rendering the theory of joint or constructive possession doubtful. It is further 3 submitted that in the absence of any clear attribution of the alleged contraband to the applicant, the rigours of Section 37 of the NDPS Act are not attracted. Learned counsel further submits that the applicant was barely 18 years of age at the time of his arrest, is a student with no criminal antecedents and prolonged incarceration would irreparably prejudice his education and future prospects. It is also submitted that although 14 witnesses have been cited by the prosecution, only 03 witnesses have been examined in more than 15 months, while the applicant has remained in judicial custody since 25.03.2025 for over one year and three months. It is lastly contended that one of the persons allegedly involved in the incident namely Arup Kumar Khora has already been released on bail and the case of the present applicant is identical to that of the co- accused, on these grounds, it is prayed that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that from the joint possession of applicant an co-accused, total 30.294 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs. Further, so far the case of co-accused juvenile Arup Kumar Khora is concerned, he is a juvenile released on bail on the basis of juvenility as such, the case of the applicant is distinguishable from that of the co-accused. Hence, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 4 6. Taking into consideration the nature and gravity of the offence and the fact that from the joint possession of applicant and co-accused, total 30.294 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs and further, the co-accused (Arup Kumar Khora) has been released on the ground of juvenility as such his case is different from that of the present applicant, in such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justified to grant bail to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused – Amit Khora involved in Crime No.79/2025, registered at Police Station- Nagarnar District- Bastar (C.G.) for the offence punishable under Sections 20(B) ii (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal