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2026 DAILYLAW 30601 (CHH)

SHIVAM JAYASWAL v. STATE OF CHHATTISGARH

MCRC/6024/2026 · 2026-08-05

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Judgment text

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1 CGHC010240432026 2026:CGHC:34593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6024 of 2026 Shivam Jayaswal S/o Shyam Lal Jayaswal Aged About 26 Years R/o Village- Padariya, Post- Bamhani, Thana - Budhar, Distt.- Shahdol (M.P.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, P.S.- Sariya, Distt.- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. J.K. Gupta, Advocate. For Non-applicant : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2026 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. 12/2026 registered at Police Station – Sariya, District - Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 20(b) of the NDPS Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.07 12:29:45 +0530 2 2. The prosecution story, in brief, is that on 17.01.2026 at 7.00 am, the Station House Officer, Saria received information from an informer that a blue colour Maruti Suzuki Baleno car without number plate carrying illegal drug ganja is going from Odisha state via Kanchanpur Saria Raigarh towards Shahdol, (M.P.) and a blue colour Triber car no. UP 45 AF 5702 is patrolling ahead and behind it. On the above information, along with his accompanying staff, witnesses and necessary investigation kit and documents, reached the spot near Saria Bhathli Chowk Main Road and cordoned off the area. After some time, as told by the informer, a blue colour Maruti Suzuki Baleno car without number plate was seen coming from Odisha state towards Saria, which was tried to be stopped near Saria Bhathli Chowk. Seeing the police and accompanying staff, the driver of the said vehicle ran away towards village Lukapara, who was immediately caught by the government vehicle. The vehicle was chased on CG 03 A 1134 and stopped near Bhulumuda Sariya village on the unpaved road. Upon checking the vehicle, 120 packets, totaling 123 kg 30 grams of narcotic substance ganja, wrapped in khaki-colored plastic tape, were found inside the rear trunk and in the middle seat. Therefore, the aforesaid offence has been registered against the applicant 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that the prosecution has failed to establish the ingredients of the offence under Section 20(b) of the NDPS Act. It is submitted that the applicant was travelling with his friends from Odisha to Shahdol in a newly purchased Maruti Suzuki Baleno when the vehicle was stopped by the police at Sariya, and upon the applicant's refusal to meet an alleged illegal 3 demand for money, he was falsely implicated in the present case. Learned counsel further submits that no narcotic substance was seized from the applicant and that the mandatory provisions of the NDPS Act have not been duly complied with. The applicant is a 26-year-old youth, works at a gold and silver shop earning Rs.10,000/- per month, has no criminal antecedents, is a permanent resident, and there is no likelihood of his absconding or tampering with the prosecution evidence. He undertakes to abide by all the conditions imposed by this Hon'ble Court and, therefore, prays for grant of bail. 4. Learned State Counsel opposed the bail application and submitted that the applicant was found in the vehicle from which 123.30 kg of ganja was seized, which is a commercial quantity under the NDPS Act. It is further submitted that the contraband was recovered from the vehicle in which the applicant was travelling and that the allegations disclose his involvement in the illegal transportation of narcotic substance. Considering the quantity of contraband and the provisions of the NDPS Act, therefore, the applicant is not entitled for grant regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, the fact that 123.30 kg of ganja, which is a commercial quantity, has been recovered, and the material collected during investigation prima facie indicating the involvement of the applicant in the illegal trafficking of contraband ganja, this Court is of the view that the rigours of Section 37 of the NDPS Act are attracted. At this stage, no case for grant of bail is made out. Accordingly, the bail 4 application is rejected. 7. Accordingly, the bail application of the applicant – Shivam Jayaswal, involved in Crime No. 12/2026 registered at Police Station – Sariya, District - Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 20(b) of the NDPS Act, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav