Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 31171 (CHH)

RAJESH KUMAR CHOUHAN v. THE STATE OF CHHATTISGARH

MCRC/7431/2026 · 2026-08-11

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010306472026 2026:CGHC:35655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7431 of 2026 Rajesh Kumar Chouhan S/o Shri Dhalsingh Chouhan Aged About 31 Years R/o. Rajeev Nagar, Ward No. 21, Supela Bhilai, District Durg (C.G.) ... Applicants versus The State Of Chhattisgarh Through Station House Officer Komakhan, District Mahasamund ... Non-Applicant For Applicant : Shri R.K. Pali, Advocate. For Non-Applicant : Miss Samiksha Gupta, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/08/2026 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.19/2026 registered at Police Station – Komakhan, District – Mahasamund (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.13 15:44:45 +0530 2 Act, 1985. 2. As per the prosecution story in brief, on 03/02/2026 the police has received secret information from the informant that the applicant and one woman have kept contraband Ganja for the purpose of selling the article. On this basis the police had raided the place of incident and searched the vehicle (Scotty No.CG 07 CL 2661) and seized 24 kg. of contraband ganja from the joint possession of the accused persons and they have been arrested. Hence the bail application. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He also submits that the applicant was not present at the time of incident nor participated in the crime in any manner. Contraband Ganja has been seized from joint possession of the applicant and co- accused Rajkumari Banjare and, therefore, it cannot be said that the applicant was in conscious and exclusive possession of the contraband. There is non-compliance of the mandatory provisions of the NDPS Act. The applicant is in jail since 3.2.2026. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the alleged contraband article, i.e., 24 kgs of ganja, was recovered from the possession of the present applicant, which is much above the 3 commercial quantity, therefore, he is not entitled to the grant of 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 and the fact that the alleged contraband article, i.e., 24 kgs of ganja, was recovered from possession of the present applicant, which is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Rajesh Kumar Chouhan, involved in Crime No.19/2026 registered at Police Station – Komakhan, District – Mahasamund (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Barve