Extracted from the PDF above. The PDF is authoritative.
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CGHC010322852026
2026:CGHC:37587
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7824 of 2026 Praveen Malviya S/o Lokman Malviya Aged About 31 Years R/o Village Narendragarh Mohaniya Patpara, Mandala P.S. and District - Mandala (M. P.)
... Applicant versus State of Chhattisgarh Through Police Station Basna District Mahasamund Chhattisgarh
... Non-Applicant For Applicant : Mr. Jitendra Nath Nande, Advocate. For Non-Applicant/State : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 21.08.2026
1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.14/2026, registered at Police Station: Basna, District- Mahasamund (C.G.) for the offences punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.
2. The prosecution story, in brief, is that the police team, while checking vehicles at Palsapali Barrier, intercepted a Ciaz Car bearing registration No. C.G. 04-PV/0112 and recovered 30 Kg. of Ganja (Cannabis) from the rear dickey (car trunk) of the vehicle from the possession of accused PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.24 10:31:36 +0530
2 Lakheshwar Yadav. During investigation, on the basis of the alleged memorandum statement of accused Lakheshwar Yadav and the CDR details, the police team of Police Station Basna arrested the present applicant/accused, who is the registered owner of the aforesaid Ciaz Car. It is alleged by the prosecution that the present applicant/accused was involved in transporting Cannabis from Odisha to Mandla (M.P.) for monetary consideration and, therefore, his alleged involvement attracts the provisions of Section 20(b) of the NDPS Act. The applicant/accused was arrested on 05.02.2026 by the police of Police Station Basna, District Mahasamund, and has been in judicial custody since then.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there is no direct recovery from the applicant and no seizure has been made by the police from his possession. The applicant is a transporter and owner of the vehicle and had no knowledge regarding the transportation of the alleged contraband. It is contended that the applicant has been arrested solely on the basis of the alleged memorandum statement of another co-accused and the CDR details. Learned counsel further submits that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and he has been in judicial custody since 05.02.2026. Since the conclusion of the trial is likely to take considerable time, learned counsel prays that the applicant may kindly be enlarged on regular bail. 4. Learned State counsel, on the other hand, opposes the bail application and submits that the applicant is the registered owner of the vehicle bearing registration No. C.G. 04-PV/0112, from which 30 Kg. of Ganja was recovered from the possession of co-accused Lakheshwar Yadav. It is further submitted that during investigation, the involvement of the
3 present applicant surfaced on the basis of the memorandum statement of co-accused Lakheshwar Yadav and the CDR details, which indicate his involvement in transporting the contraband from Odisha to Mandla (M.P.) for monetary consideration. Learned State counsel further submits that the quantity of contraband recovered is commercial in nature and the allegations against the applicant are serious in nature. Therefore, considering the gravity of the offence and the material collected during investigation, the applicant is not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that 30 Kg. of Ganja was recovered from the vehicle bearing registration No. C.G. 04-PV/0112, which is admittedly owned by the present applicant, and the allegation that the said vehicle was being used for transporting the contraband from Odisha to Mandla (M.P.) for monetary consideration, this Court finds the allegations against the applicant to be serious in nature.
Though the recovery was effected from the possession of co-accused Lakheshwar Yadav, the involvement of the present applicant has surfaced during investigation on the basis of the alleged memorandum statement of the co-accused and the CDR details. Considering the quantity of contraband recovered, the nature and gravity of the offence, and the material collected during investigation indicating the alleged involvement of the applicant in transportation of the contraband, this Court is not inclined to grant the benefit of bail to the applicant at this stage. The fact that the charge-sheet has already been filed and the applicant is in custody since 05.02.2026, by itself, does not entitle him to be released on bail. Accordingly, without commenting upon
4 the merits of the case, this Court is of the view that the applicant does not deserve to be enlarged on regular bail. 7. Accordingly, the bail application of applicant – Praveen Malviya, involved in Crime No.14/2026, registered at Police Station: Basna, District- Mahasamund (C.G.) for the offences punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/--
(Ramesh Sinha)
Chief Justice Preeti