1 CGHC010322702026 2026:CGHC:37640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1382 of 2026 Khiroj Nayak Son Of Shri Kamphala Nayak, Aged About 22 Years Resident Of Village Kerandikhunti, P.S. Narla District Katabhanji (Orissa), ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Komakhan, District Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Banhiman Roy, Advocate. For Non-Applicant : Mr. Shubham Bajpayee Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 21.08.2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.52/2026, registered at Police Station Komakhan, District Mahasamund (C.G.) for alleged commission of offence punishable under Sections 20 (B)(II)(C) and 29 of NDPS Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.25 11:16:24 +0530 2 2. Case of the prosecution's in brief, is that the concerned police station received secret information through the informant that on the date of incident unknown persons have kept illegal transporting contraband ganja in their truck to Orissa to Chhattisgarh State and the police has seized 47.300 kg. contraband ganja from place of incident at open place and as a result thereof, police has registered offence publishable under section 20 (b)(ii)C, 29 of N.D.P.S. Act of the N.D.P.S. Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no nexus with the incident alleged by the prosecution. It is submitted that 47.300 kg. of ganja was allegedly seized jointly from the possession of four accused persons, however, no contraband has been seized from the exclusive possession of the present applicant and the prosecution has failed to establish any exclusive possession or conscious possession of the applicant. It is further submitted that the applicant has not been named in the FIR and his implication is based merely on suspicion and the memorandum statement, without there being any independent or substantive evidence connecting him with the alleged offence. The prosecution has also failed to comply with the mandatory provisions of the N.D.P.S. Act and has not conducted a proper and fair investigation before implicating the applicant. It is further submitted that the applicant is a 22-year-old regular student of B.A. Final Year at P.S. Degree College, Narla, Kalahandi, Odisha, and his continued detention or arrest would adversely affect his education and future prospects. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready and willing to 3 furnish adequate security and to abide by all the terms and conditions that may be imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposes the application for grant of anticipatory bail and submits that 47.300 kg. of ganja, which is above the commercial quantity prescribed under the N.D.P.S. Act, has been seized in the present case. It is further submitted that the regular bail application of one of the co-accused has already been rejected. Therefore, considering the quantity of contraband and the nature of the allegations, the applicant is not entitled to the benefit of anticipatory bail. 5. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 6. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice vaibhav