Extracted from the PDF above. The PDF is authoritative.
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CGHC010326802026
2026:CGHC:37850
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7884 of 2026 Mohammad Sahid S/o Mohammad Suvrati Aged About 31 Years R/o Village- Patraha Post- Thera Tehsil- Mauganj Police Station Mauganj, Ward No.05, Dokarabhadkhurd District- Mauganj (M.P.)
...Applicant
versus State Of Chhattisgarh Through- Police Station - Purur, District- Balod (C.G.) ... Non-Applicant
For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-Applicant/State : Mr. Sangarsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.08.2026
1. This is the Second 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. 50/2025 registered at Police Station – Purur, District - Balod(C.G.), for the offence punishable under Section 20(b) of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.25 10:43:37 +0530
2 Narcotic Drugs and Psychotropic Substances Act,1985. 2. The earlier bail application filed by the applicant, being MCRC No. 400 of 2026, was rejected on merits by this Court vide order dated
13.01.2026. 3. The prosecution case, in brief, is that on 21.05.2025 at about 14:10 hours, on receiving information from an informant, the police officials of Police Station Purur, while conducting checking operations, intercepted a black-coloured Pulsar motorcycle without a number plate and apprehended the persons travelling thereon. Upon interrogation, they disclosed their names as Shahid and Mohd. Rafiz. During the course of search and after completion of the requisite documentary formalities, two black- coloured bags carried by the accused persons were searched, from which ganja was recovered. As the accused persons failed to produce any valid document or authority in respect of the contraband, the police seized four packets of ganja wrapped with khaki-coloured tape, weighing 7.770 kg, 7.810 kg, 6.570 kg and 3.320 kg respectively, along with the two black-coloured bags. In addition, a black-red coloured Pulsar motorcycle without a number plate was seized. From the possession of accused Shahid, a brown-coloured purse containing Rs.1,500/-, an Aadhaar Card and a OnePlus mobile phone were seized, whereas from accused Rafiz, a black-coloured purse containing Rs.1,100/-, an Aadhaar Card, PAN Card and a Motorola mobile phone were seized. Thereafter, the accused persons were arrested and a complaint
3 was prepared at the spot.
On the basis thereof, Crime No. 50/2025 was registered at Police Station Purur for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case by the police; that the prosecution has failed to comply with the mandatory provisions of the NDPS Act and the applicable Standing Orders No. 1/88 and 1/89 issued by the Central Government, and that the Samras Panchnama has also not been prepared, thereby raising serious questions regarding the legality of the search and seizure proceedings. It is further submitted that the applicant has been in custody since 21.05.2025 and has undergone more than one year and two months of incarceration. It is also submitted that only 10 out of 14 prosecution witnesses have been examined so far and, therefore, the conclusion of the trial is likely to take considerable time. Learned counsel further submits that the Hon’ble Supreme Court has granted liberty to the applicant to renew his prayer for bail after six months and, in Rabi Prakash v. State of Odisha, 2023 SCC OnLine SC 1109, has held that prolonged incarceration is a relevant consideration for grant of bail even in cases involving Section 37 of the NDPS Act. It is further submitted that the investigation has not been properly conducted and the applicant has been falsely implicated in the alleged offence. The applicant is the sole breadwinner of his
4 family and his continued incarceration is causing serious hardship to his family. The applicant is a permanent resident of the address mentioned in the cause title, has no likelihood of absconding, and is ready to furnish adequate security and abide by all the terms and conditions imposed by this Hon’ble Court. Therefore, it is prayed that the applicant may kindly be enlarged on bail. 5.
On the other hand, learned State counsel opposes the bail application of the present applicant
6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the fact that the earlier bail application filed by the applicant, being MCRC No. 400 of 2026, was rejected on merits by this Court vide order dated 13.01.2026, and further considering that out of 14 prosecution witnesses, 10 witnesses have already been examined, there being no substantial change in the circumstances since rejection of the earlier bail application, this Court is not inclined to grant regular bail to the present applicant at this stage. Accordingly, the second bail application filed by the applicant is hereby rejected. 8. Accordingly, the Second bail application of the applicant – Mohammad Sahid, involved in Crime No. 50/2025 registered at Police Station – Purur, District - Balod(C.G.), for the offence
5 punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act,1985, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of further four months from the receipt of certified copy of this order in accordance with law, if there is no legal impediment. 10. 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 vaibhav