1 CGHC010329402026 2026:CGHC:38357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7975 of 2026 1 - Rajaram Pal S/o Hukum Singh Pal Aged About 28 Years R/o Chandwani Khas, P.S.- Orchha, District- Tikamgarh (M.P.) 2 - Shishupal Rajput S/o Niranjan Das Rajput Aged About 31 Years R/o Village- Janaoli, Post- Chakarpur, District- Tikamgarh (M.P.) (As Per Correct Details) ... Applicant(s) versus Directorate Of Revenue Intelligence Raipur Regional Unit Raipur (Chhattisgarh), Through The Station House Officer, Police Station DRI, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Md. Faruq Azam along with Mr. Sachin Nidhi, Advocate. For Respondent(s) : Mr. Maneesh Sharma, Advocate. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 47/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 DRI, District- Raipur (C.G.), for the offence punishable under Sections 8(c), 20(b)(ii)(C), 25, 27 A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 31.10.2025, Dhirendra Singh, Intelligence Officer, Directorate of Revenue Intelligence (DRI), Raipur, received secret information that a white Tata Harrier bearing registration No. UP-14-ED-9088 was carrying approximately 200–300 kg of ganja from Devori towards Jhansi via Raipur-Durg, and was likely to pass through Kumhari Toll Plaza during the early hours. Acting upon the said information in accordance with the mandatory provisions of the NDPS Act, the authorities intercepted the vehicle and seized 265 packets containing 271.641 kg of ganja, allegedly from the joint possession of the applicants/accused, Rajaram Pal and Shishupal Rajput. Accordingly, a case was registered against them under Sections 20(c), 25, 27A and 29 of the NDPS Act, and after completion of investigation, the charge-sheet was filed. During investigation, the memorandum statements of the accused were recorded, which allegedly revealed the involvement of co-accused Ajay Rajput and Anand Mishra in the conspiracy, procurement and transportation of the contraband. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the charge-sheet has already been filed before the learned trial 3 Court and only one out of ten prosecution witnesses has been examined. The applicants contend that there has been non- compliance with the mandatory safeguards under Sections 42 and 50 of the NDPS Act, and that there is no prima facie material to establish their conscious possession of the contraband. Since the investigation is complete and the charge-sheet has been filed, custodial interrogation of the applicants is no longer required. He also submits that although Section 37 of the NDPS Act imposes stringent conditions for grant of bail in cases involving commercial quantity, prolonged incarceration and delay in conclusion of trial may justify grant of bail on constitutional grounds. The applicants have no criminal antecedents and are not habitual offenders. Therefore, it is prayed that they be enlarged on regular bail. The applicants are in jail since 31.10.2025 and the mandatory provisions with regard to search and seizure were not complied with in this case, the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 4. Learned counsel appearing for the respondent opposes the bail application and submits that the allegation against the applicants is that they were jointly transporting 271.641 kg of ganja, contained in 265 packets, which is much above the commercial quantity prescribed under the NDPS Act, in Tata Harrier bearing registration No. UP-14-ED-9088, pursuant to a criminal conspiracy involving the procurement and transportation of the contraband, 4 so far as the co-accused persons are concerned, bail application of two of the co-accused, namely, Ajay Rajput and anand Mishra have already been rejected by this court vide orders dated 19.08.2026 and 18.06.2026 in MCRC Nos. 7053 of 2026 and 5141 of 2026, therefore, the applicants are not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the record, it transpires that 271.641 kg of ganja, contained in 265 packets, was seized from Tata Harrier bearing registration No. UP-14-ED-9088, allegedly under the joint possession of the applicant and co-accused, which is substantially in excess of the notified commercial quantity of 20 kg for ganja, hence the rigours of Section 37 of the NDPS Act are therefore attracted. The material collected during investigation, including the memorandum statements of the accused, prima facie indicates the involvement of the applicant in the procurement and transportation of the contraband pursuant to the alleged criminal conspiracy. Moreover, bail application of two of the co-accused, namely, Ajay Rajput and anand Mishra have already been rejected by this court vide orders dated 19.08.2026 and 18.06.2026 in MCRC Nos. 7053 of 2026 and 5141 of 2026. Considering the huge quantity of contraband seized, which is far above the commercial quantity, the nature and gravity of the 5 alleged offences, the material available against the applicant and the statutory restrictions contained in Section 37 of the NDPS Act, this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 7. Accordingly, the bail application of the applicants - Rajaram Pal and Shishupal Rajput, involved in Crime No. 47/2025 registered at Police Station DRI, District- Raipur (C.G.), for the offence punishable under Sections 8(c), 20(b)(ii)(C), 25, 27 A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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