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2026 DAILYLAW 29918 (CHH)

RAHUL GUPTA v. STATE OF CHHATTISGARH

MCRC/6901/2026 · 2026-07-29

body2026

Judgment text

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1 CGHC010291772026 2026:CGHC:32912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6901 of 2026 1 - Rahul Gupta S/o Jagdish Aged About 30 Years R/o Thana Chhipra Mau District Jannauj U.P. Current Address- E-155/1, Inder Enclave, Phase, -2 Nithari District Aman Vihar North West Delhi, --- Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Katghora, District Korba C.G. --- Respondent(s) For Applicant(s) : Mr. Pushpendra Singh Baghel, Advocate For Respondent(s)/State : Ms. Ritika Verma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 105/2025 registered at Police Station- Katghora, District Korba RUCHI YADAV Digitally signed by RUCHI YADAV 2 (Chhattisgarh), for the offences punishable under Section 20(b) of NDPS Act. 2. As per the prosecution story, on 17.03.2025, Police Station Katghora, District Korba, received secret information that an Eicher container bearing Registration No. DL-1-MA-8287, carrying a huge quantity of contraband ganja, was proceeding from Bilaspur towards Sutarra. Acting on the said information, the police laid a trap near Rapakharra, Sutarra, and intercepted the vehicle. The applicant, Rahul Gupta, was allegedly found driving the said vehicle. Upon search of the container, 100 packets containing a green leafy substance suspected to be ganja were allegedly recovered. On weighment, the total quantity of the alleged contraband was found to be 500 kilograms, which is commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is merely a driver of the vehicle and had no ownership or conscious possession of the alleged contraband. It is further submitted that the applicant had no role in the loading, packing or sealing of the consignment and was only transporting the goods under the instructions of the vehicle owner. Learned counsel submits that the investigation has been completed and the charge-sheet has already been filed, the applicant has been in judicial custody since 17.03.2025 and no further custodial interrogation is required. It is further submitted that 11 out of the 16 prosecution witnesses have already been examined before the learned trial Court. Therefore, there 3 is no likelihood of the applicant influencing the prosecution witnesses or tampering with the evidence. It is also submitted that the trial is likely to take considerable time to conclude. Learned counsel also submits that the applicant has no criminal antecedents. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that the contraband ganja has been seized from the possession of the applicant and the bail application of the co-accused has already been rejected by this Court. Therefore, no ground is made out for releasing the applicant on bail. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that 500 kilograms of ganja, which is commercial quantity, was allegedly seized from the vehicle being driven by the applicant, the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are attracted. At this stage, this Court does not find any reasonable ground to believe that the applicant is not guilty of the alleged offence or that he is not likely to commit any offence while on bail. Further, the bail application of the co-accused has already been rejected by this Court. Therefore, this Court is not inclined to extend the benefit of regular bail to the applicant. 7. Accordingly, the bail application preferred by the applicant Rahul 4 Gupta in connection with Crime No. 105/2025 registered at Police Station- Katghora, District Korba (Chhattisgarh), for the offences punishable under Section 20(b) of NDPS Act, deserves to be and is hereby rejected at this stage. 8. The trial Court concerned is directed to make every endeavour to conclude the trial within a period of six months from the date of receipt of a copy of this order. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi