1 CGHC010334662026 2026:CGHC:38861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8148 of 2026 1 - Swadhin Kumar Nayak S/o Ramkrishna Nayak Aged About 54 Years R/o Padarpada, Police Station Manamunda District Boudh (Odisha) Applicant (s) versus 1 - State Of Chhattisgarh Through, P.S.- Sariya, District Sarangarh Bilaigarh, (C.G.) Respondent(s) For Applicant (s) : Mr. Ashish Gupta, Advocate For Respondent(s) : Ms. Anusha Nayak, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.71/2026, registered at Police Station Sariya, District Sarangarh-Bhilaigarh (C.G.) for the offence punishable under Section 20 (b) of NDPS Act. Digitally signed by R NIRALA 2 2. The case of the prosecution, in brief, is that on 07.04.2026 information has been received by the Police of police station Sariya through the informant that driver of the Swift desire Car bearing registration No. OD02BV-7653 and holder of the Sim No.6266226908 was transporting the Ganja from Odisha to Sakti Janjgir on the basis of above information police party has reached the village Borida, main road Bagicha near pond after sometime the said swift desire car was coming from Odisha to Sariya, police tried to stopped the vehicle but driver of the said vehicle was ran away from the spot due to which police has seized the car and found 62.245 Kg Ganja from the dicky of the car during the course of investigation police has arrested the co- accused namely Suryaprakash Chandra and recorded the memorandum statement, On the basis of memorandum and also tracking the Mobile No. 6370888028 present applicant has been involved in the present case and crime has been registered against the applicant and other accused persons and they were arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the applicant has been roped only on the basis of the memorandum statement of the other co-accused and no recovery of ganja has been made from the possession of the applicant, whereas the same was recovered from the possession of the co-accused. He further submitted that the applicant is in jail 3 since 09.07.2026, he has no criminal antecedents, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the huge quantity of contraband i.e. 62 kg was recovered from the possession of the accused which is above the commercial quantity as such the applicant is involved in a very serious offence, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and further considering that the huge quantity of the contraband i.e. 62 kg, which is much more above the commercial quantity, has been recovered from the possession of the co-accused, on whose memorandum the applicant has been arrested as such the applicant also appears to be involved in the said offence, therefore, I am not inclined to release the applicant on regular bail at this stage. 7. Accordingly, the instant bail application of the applicant Swadhin Kumar Nayak, involved in Crime No.71/2026, registered at Police Station Sariya, District Sarangarh-Bhilaigarh (C.G.) for the 4 offence punishable under Section 20 (b) of NDPS Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Nirala