1 CGHC010326742026 2026:CGHC:37557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7775 of 2026 Natthu @ Ludaro S/o Gojaram Yadav Aged About 35 Years Occupation Agriculture, R/o Chitkanara, Ward No. 05, Lailunga, Tehsil Lailunga, Distt. Raigarh, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Lailunga, Distt. Raigarh, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Dhirendra Prasad Mishra, Advoate. For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 58/2025 registered at Police Station – Lailunga, Distt. Raigarh (C.G.), for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of BNS. 2. Case of the prosecution, in brief, is that on the basis of secret information, on 08.03.2025, the Assistant Sub-Inspector Chandan Singh Netam of Police Station Lailunga conducted a raid at the under-construction house of Keshav Yadav situated at Village Sonajori, within the jurisdiction of Police Station Lailunga. During the raid, 22 kilograms of ganja, kept in two plastic bags containing 11 kilograms each, was allegedly seized 11 kilograms ganja seized from the possession of Keshav Yadav and 11 kilograms ganja seized from the possession of Natthu @ Ludro Yadav . Accordingly, Crime No. 58/2025 was registered against the accused persons for the offences punishable under Sections 20(b) and 29 of the NDPS Act, and investigation was taken up. During investigation, the accused persons were arrested and their memorandum statements were recorded. Thereafter, a Creta car bearing registration No. CG-15-EE-0343, Bezza car bearing registration No. OD-15-Q-2553, a white Venue car bearing registration No. OD-15-R-4047, four fake number plates and seven mobile phones were allegedly seized. After completion of investigation, charge-sheet was filed against the accused persons, while accused Pitambar Yadav, Tarabai Yadav and Girdhari Yadav were shown as absconding. 3. Learned counsel for the applicant submits that no contraband was 3 seized from his possession and that the alleged 11 kg of ganja was recovered from an open place/construction site, which creates serious doubt regarding his conscious possession and the prosecution case. Further, the mandatory procedural safeguards under the NDPS Act were not duly complied with, particularly the requirements relating to search, seizure, preparation of panchnama, sampling, weighing of the contraband and compliance with Section 50 of the NDPS Act. The alleged consent for search before a Gazetted Officer/Magistrate was also not in the applicant’s own handwriting, thereby raising doubt regarding its voluntariness and genuineness. He further submits that the applicant is entitled to bail on the ground of parity, as co-accused Murli Yadav has been granted bail by the Hon’ble Supreme Court vide order dated 28.07.2026 and co-accused Nandlal Yadav has been granted bail by this Court vide order dated 07.08.2026. Reliance has also been placed upon the judgments of the Hon’ble Supreme Court regarding prolonged incarceration and procedural safeguards under the NDPS Act. He also submits that the applicant is in judicial custody since 03.03.2025 and the trial is likely to take considerable time, as only 6 out of 31 prosecution witnesses have been examined till date. Therefore, continued incarceration of the applicant would amount to pre-trial punishment, and considering the aforesaid circumstances, the applicant deserves to be enlarged on bail. 4. Learned Panel Lawyer, appearing for the State/non- 4 applicant opposes the bail application and submit that the applicant was involved in the illegal possession and transportation of 22 kilograms of ganja, which is above the commercial quantity, allegedly recovered during the raid conducted at the under- construction house of co-accused Keshav Yadav, there is separate seizure, from present applicant 11 kgs ganja has been seized and 11 kgs of ganja has been seized from the possession of co-accused, Keshav Yadav. So far as criminal antecedent of the applicant is concerned, the applicant has one criminal antecedent of the year 2025 under the NDPS Act, as such the applicant is a habitual offender and is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the record, it transpires that the applicant is alleged to have been found in possession of 11 kilograms of ganja, which, along with 11 kilograms of ganja seized from co- accused, Keshav Yadav, constitutes a total quantity of 22 kilograms, falling within the commercial quantity. Though co- accused, Murli Yadav has been granted bail by the Hon’ble Supreme Court vide order dated 28.07.2026, the case of the present applicant stands on a different footing, as the said co- accused has no criminal antecedent, whereas the present applicant has one criminal antecedent of the year 2025 under the NDPS Act, which is still pending, the said pending criminal 5 antecedent of the applicant indicates that the he is a habitual offender and has misused the liberty of bail granted to him earlier, also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents. Considering the nature and gravity of the offence, the quantity of contraband allegedly seized from the applicant, his criminal antecedent and the embargo contained in Section 37 of the NDPS Act, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant - Natthu @ Ludaro, involved in Crime No. 58/2025 registered at Police Station – Lailunga, Distt. Raigarh (C.G.), for the offence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice Akhil