1 CGHC010295602026 2026:CGHC:34525 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7180 of 2026 Smt Rajkumari Banjare W/o Late Fulchand Banjare Aged About 36 Years R/o Krishna Nagar, Supela, Bhilai, District- Durg, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Komakhan, District Mahasamund, C.G. ... Respondent(s) For Applicant(s) : Mr. Virendra Kashyap, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, 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 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. 19/2026 registered at Police Station Komakhan, District Mahasamund (C.G.), for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 03.02.2026, Assistant Sub-Inspector Shyamacharan Dhruv, along with the police staff, was on vehicle checking duty at the Temri Check Post, Village Temri, when he received secret information that a man and a woman were coming from Odisha towards Chhattisgarh on a grey scooter bearing registration No. CG 07 CL 2661 carrying contraband ganja. Acting upon the information, the police laid a blockade at the check post. After some time, the said scooter arrived from the Khariar Road side of Odisha. On being intercepted, the rider disclosed his name as Rajesh Kumar Chauhan and the woman seated behind, holding a red carton, disclosed her name as Rajkumari Banjare. They admitted that they were transporting ganja from Odisha to Supela, Bhilai for the purpose of illegal sale. On search, 12 kilograms of ganja concealed in a white carton marked 'ANSHUL' placed in front of the scooter and another 12 kilograms concealed in a carton bearing the label 'Lal Gulab Brand Kachchi Ghani Sarson Oil' kept between the seat were recovered from their joint possession, totaling 24 kilograms of ganja. The contraband was seized, both accused were arrested, and Crime No. 19/2026 was registered at Police Station Komakhan for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act. During investigation, on the basis of the memorandum statement of accused Rajesh Kumar 3 Chauhan, it surfaced that he had contacted co-accused Kautuka Suna and Dhaneshwar Sahu for purchasing the said 24 kilograms of ganja. Their involvement having been found during investigation, they were also arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 17.02.2026. He further submits that co-accused, Dhaneshwar Sahu, who came to be implicated in the present case solely on the basis of the memorandum statement of co-accused, Rajesh Kumar Chauhan, has already been enlarged on bail by the Hon'ble Supreme Court vide order dated 16.07.2026 passed in SLP (Crl.) No. 10503/2026 (Dhaneshwar Sahu v. State of Chhattisgarh). He also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the present applicant was travelling with co-accused, Rajesh Kumar Chauhan on a scooter bearing registration No. CG 07 CL 2661 and was found in joint conscious possession of 24 kilograms of contraband ganja (commercial quantity), allegedly being transported from Odisha to Supela, Bhilai for the purpose of illegal sale. Therefore, the applicant is not entitled for grant of bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the present applicant was apprehended at the spot while travelling along with co-accused, Rajesh Kumar Chauhan on scooter bearing registration No. CG 07 CL 2661 and was found in joint conscious possession of 24 kilograms of contraband ganja, which is a commercial quantity under the NDPS Act. The prosecution case, prima facie, reveals that the applicant, along with the co-accused, was transporting the seized contraband from Odisha to Supela, Bhilai for the purpose of illegal sale. Thus, the applicant was allegedly apprehended in actual physical and conscious possession of the contraband and his involvement is not founded merely on the basis of any disclosure or memorandum statement. The reliance placed by the applicant on the order passed by the Hon'ble Supreme Court granting bail to co-accused, Dhaneshwar Sahu is misconceived and does not advance his case, as the said co-accused was enlarged on bail on an altogether different factual footing, that his implication was solely based on the memorandum statement of co-accused, Rajesh Kumar Chauhan and no contraband was recovered from his possession. In contrast, the present applicant was apprehended at the spot along with the principal accused while allegedly transporting the commercial quantity of contraband and, therefore, his case stands on a completely different footing. Consequently, the principle of parity is 5 not attracted in the facts and circumstances of the present case. Having regard to the recovery of commercial quantity of contraband from the joint conscious possession of the applicant, the rigours of Section 37 of the NDPS Act are clearly attracted. Accordingly, this Court is not inclined to enlarge the applicant on regular bail. Hence, the bail application deserves to be and is hereby rejected. 7. Accordingly, the bail application of the applicant - Smt Rajkumari Banjare, 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil