1 CGHC010294362026 2026:CGHC:38422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6938 of 2026 Aditya Kuchbadiya S/o Atul Kuchbadiya Aged About 21 Years R/o Sajli, P.S. Sanodha, District Sagar, M.P. (Details As Per Rejection Order) ...Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O.), P.S. - City Kotwali, District Bilaspur, C.G. ...Non-applicant For Applicant : Mr. Devershi Thakur, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 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. 257/2026 registered at Police Station – City Kotwali, District Bilaspur, for the offence punishable under Section 20(B) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.01 11:50:36 +0530 2 2. As per the prosecution case, on 18.04.2026, on the basis of secret information, the police officials intercepted the present applicant along with two co-accused persons near the Imli Tree situated at Jawali Nala Road, Bilaspur, after they allegedly alighted from an auto-rickshaw. Upon search, contraband, namely “ganja”, was allegedly recovered from their possession. It is alleged that 06 kilograms of ganja was recovered from the backpack carried by the present applicant, whereas a total quantity of 14 kilograms of ganja was recovered from the possession of the two co-accused persons. On the basis of the said recovery and report, Crime No. 257/2026 was registered at Police Station City Kotwali, District Bilaspur (C.G.), for the offences alleged against the applicant and the co-accused persons. The present applicant was arrested on 18.04.2026 and has since remained in judicial custody. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that he was merely travelling in an auto-rickshaw and was apprehended by the police on mere suspicion immediately after alighting from the vehicle, whereas no contraband was actually recovered from his possession. It is further submitted that the alleged recovery and the statements recorded by the police are seriously disputed and the prosecution has failed to establish compliance with the mandatory provisions and safeguards prescribed under the NDPS Act. It is also contended that the alleged seizure proceedings 3 suffer from serious procedural irregularities, as the seizure panchanama does not mention any certified measurement or weighing certificate, contains discrepancies regarding the timing and seizure proceedings, and there is no apparent difference in the quantity of the seized contraband despite a portion thereof allegedly having been taken as samples for FSL examination. Learned counsel further submits that the learned Court below has failed to properly appreciate the aforesaid infirmities and has rejected the bail application by stretching the prosecution case beyond what is legally permissible, whereas the prosecution has failed to prima facie establish the essential ingredients of the alleged offences against the applicant. It is lastly submitted that the applicant has been in judicial custody since 18.04.2026, the trial is likely to take considerable time, and there is no justification for keeping him incarcerated for an indefinite period; the applicant is a permanent resident of District Sagar (M.P.), has deep roots in society, there is no likelihood of his absconding or tampering with prosecution witnesses, and he is ready to furnish adequate bail and abide by all the conditions imposed by this Hon’ble Court. 4. Learned State counsel opposes the bail application and submits that 06 kilograms of ganja was recovered from the backpack of the present applicant, while 14 kilograms was recovered from the co-accused persons. It is further submitted that the applicant was apprehended on the basis of secret information and the alleged recovery is supported by the seizure proceedings and other 4 material collected during investigation. It is also submitted that the applicant has one previous criminal antecedent involving an offence of a similar nature. Considering the nature and gravity of the offence, the quantity of contraband recovered, and the previous criminal antecedent of the applicant, he is not entitled to bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature and gravity of the allegations, and the material available on record, it is evident that contraband ganja weighing 21 kilograms has been seized from the joint possession of the applicant and the co-accused persons, which prima facie falls within the category of commercial quantity under the provisions of the NDPS Act. The applicant has failed to furnish any satisfactory explanation regarding his possession of the said contraband. The recovery of such a substantial quantity of ganja prima facie indicates his involvement in the illicit trafficking of narcotic substances, constituting a serious offence under the NDPS Act. It is also brought on record that the applicant has one previous criminal antecedent under the NDPS Act, which further weighs against grant of bail. Considering the gravity of the offence, the statutory rigour contained in Section 37 of the NDPS Act, the previous criminal antecedent of the applicant, and the material available on 5 record, this Court does not find any sufficient ground to extend the benefit of bail to the applicant. 7. Accordingly, the bail application of the applicant – Aditya Kuchbadiya, involved in Crime No. 257/2026 registered at Police Station – City Kotwali, District Bilaspur, for the offence punishable under Section 20(B) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of the BNS, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav