1 CGHC010280292026 2026:CGHC:37433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6582 of 2026 1 - Dinesh Giri Goswami S/o- Bharatlal Goswami Aged About 35 Years R/o- Village Jakhnod, Police Station Pohari, District- Shivpuri (M.P.) 2 - Lalita Jatav W/o- Parmal Jatav, Aged About 27 Years R/o- Village Dhuwani, Police Station Survaya, District- Shivpuri (M.P.) ... Applicants versus State Of Chhattisgarh, Through Officer In Charge, Police Station Komakhan, District- Mahasamund, (C.G.) ... Non-applicant For Applicants : Mr. Arun Kumar Shukla, Advocate. For Non-Applicant : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2026 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 applicants who have been arrested in connection with Crime No. 92/2026 registered at Police Station - Komakhan, District - Mahasamund (C.G.) for the offence punishable under Section 20(b) (ii)B of the NDPS Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.21 11:02:37 +0530 2 2. The case of the prosecution in brief, is that on 17.06.2026, during the routine checking at Temri barrier, the police received a secret information from the informer that illegal contraband (Ganja) was being transported from Odisha towards Chhattisgarh by car bearing registration number MP 04 CB 0848. After sometime a car was seen coming from Odisa side. Which was stopped and on asking the name and address of the driverand passenger they told their name and address. It is further alleged that they have taking Ganja from Odisa and the Ganja was kept in the dicky. On searching, weighing a total of 17.500 kg was found from the dickey. This was recovered from the accused and they were duly arrested. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present crime and have not committed any offence as alleged by the prosecution. It is submitted that the alleged contraband was not recovered from the conscious or exclusive possession of the applicants, nor were they the owners or occupants of the vehicle from which the alleged contraband was seized, and the seized contraband does not belong to them. Learned counsel further submits that the mandatory provisions of the NDPS Act are required to be strictly complied with and the prosecution is required to establish conscious possession and involvement of the applicants, which is absent in the present case. It is further submitted that the applicants have been implicated merely on the basis of memorandum statements and assumptions of the police authorities, without any independent corroboration. The applicants, aged about 35 and 27 years respectively, have no criminal antecedents and have been in custody since 17.06.2026; therefore, considering that the trial 3 is likely to take considerable time, their continued incarceration would amount to pre-trial punishment. It is also submitted that the applicants are permanent residents of the addresses mentioned in the cause title, there is no likelihood of their absconding or tampering with the prosecution evidence, and they are ready to furnish adequate security and abide by all the terms and conditions that may be imposed by this Hon'ble Court. On these grounds, it is prayed that the applicants may kindly be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed before the competent Court. It is further submitted that applicant No.1 has two criminal antecedents, whereas applicant No.2 has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offences alleged against the applicants, the fact that the alleged contraband was recovered from the joint possession of the applicants and is of less than commercial quantity, the period of detention, as the applicants have remained in judicial custody since 17.06.2026, and the fact that the charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicants. 7. 7. Let the Applicants - Dinesh Giri Goswami & Lalita Jatav, involved in Crime No. 92/2026 registered at Police Station - Komakhan, District - 4 Mahasamund (C.G.) for the offence punishable under Section 20(b) (ii)B of the NDPS Act, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav