1 CGHC010301612026 2026:CGHC:34508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7168 of 2026 Safikul Rahman Khan S/o Mustafa Khan -R/o Village Simel Pali, Police Station Komna, District Juvapada Odisha. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Tilda, Nevra, District Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Raghvendra Pradhan, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 41/2026 registered at Police Station – Tilda, Nevra, District Raipur (C.G.), for the offence punishable under Sections 20(B), AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 22(C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act. 2. The case of the prosecution is that on 28.01.2026, the police of Police Station Tilda Nevra, District Raipur, received credible secret information that a woman was illegally selling cannabis (ganja) and prohibited Nitrazepam tablets from her residence at Ward No. 22, near the cremation ground, Atal Niwas, Sasaholi. After complying with the mandatory provisions of the NDPS Act, the police conducted a raid at the said premises. During the raid, the police allegedly recovered 73 kilograms of ganja and 790 Nitrazepam tablets weighing 553 grams from the possession of co-accused Madhu Mishra. On the basis of the seizure and the subsequent investigation, the present applicant was implicated in the case for offences punishable under the provisions of the NDPS Act, and after completion of the investigation, the charge- sheet was filed before the competent Court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent, has been falsely implicated and has not committed the alleged offence, no contraband was recovered from the conscious possession of the applicant and his implication is based solely on the memorandum statement of co-accused, Madhu Mishra, which has no substantive evidentiary value in the absence of any corroborative material. He further submits that no independent 3 incriminating evidence has been collected during the investigation to connect the applicant with the offences under Sections 20(b), 22(c) and 29 of the NDPS Act or Section 25 of the Arms Act, nothing was seized from the possession of the applicant and, in law, only that part of a memorandum statement which leads to discovery is admissible, while the remaining portion is inadmissible. He also submits that the applicant has been in judicial custody since 28.01.2026, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude. Therefore, it is most respectfully prayed that the applicant be granted regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant was involved in the illegal trafficking of commercial quantity of contraband i.e. 73 kilograms of ganja and 790 Nitrazepam tablets weighing 553 grams, and was implicated during the course of investigation on the basis of memorandum statement of co-accused. After completion of the investigation, the investigating agency filed the charge-sheet against the applicant before the competent Court. He also submits that bail application of co-accused, Pranab Kumar Naik has already been rejected by this Court vide order dated 13.07.2026 in MCRC No.6063 of 2026 and the case of present applicant is identical to that of the said co-accused. 5. I have heard learned counsel appearing for the parties and 4 perused the case diary. 6. From the perusal of the case diary, it transpires that 73 kilograms of ganja (commercial quantity), 790 Nitrazepam tablets weighing 553 grams and three button-operated knives were recovered from the possession of co-accused Madhu Mishra, and the memorandum statement of the co-accused prima facie discloses the involvement of present applicant in supplying ganja and participating, in conspiracy with the other co-accused persons, in the illegal procurement and trafficking of narcotic drugs and psychotropic substances. Although no contraband has been recovered from the possession of the present applicant, the material collected during the course of investigation, indicates his involvement in the alleged offence. Moreover, the rigours of Section 37 of the NDPS Act are attracted. Moreover, bail application of identically situated co-accused, namely, Pranab Kumar Naik has already been rejected by this Court vide order dated 13.07.2026 in MCRC No.6063 of 2026. As such, this Court is of the considered view that it is not a fit case for grant of regular bail to the present applicant. 7. Accordingly, the bail application of the applicant – Safikul Rahman Khan, involved in Crime No. 41/2026 registered at Police Station – Tilda, Nevra, District Raipur (C.G.), for the offence punishable under Sections 20(B), 22(C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the 5 Arms Act, 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