1 CGHC010329802026 2026:CGHC:40824 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7861 of 2026 1 - Madhu Mishra H/o Paras Mishra Aged About 30 Years R/o Ward No. 22, Near Shamshan Ghat, Atal Niwas, Sasaholi, P.S. Tilda Neora, Distt. Raipur (C.G.) 2 - Khursheed Alam @ Salman Khan S/o Yakub Khan Aged About 35 Years R/o Ward No. 09, Makdum Nagar, P.S. Dharsiva Distt. Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through P.S. Tilda Neora, District- Raipur (C.G.) ... Non-Applicant For Applicants : Mr. B. L. Dembra, Advocate For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 18/09/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant in connection with the crime No.41/2026, registered at Police Station Tilda Neora, District Raipur for the offences punishable under Sections 20(b), 22(c), and 29 of the Narcotic Drugs and Psychotropic 2 Substances Act, 1985 (for short, NDPS Act) and Section 25 of the Arms Act. 2. The case of the prosecution, in brief, is that acting upon secret information regarding the illegal storage and sale of contraband Ganja and psychotropic substances, the police conducted a raid in accordance with the mandatory provisions of the NDPS Act. During the search, applicant Madhu Mishra was found in conscious possession of 73 kilograms of Ganja, 790 tablets of prohibited Nitrazepam weighing a total of 553 grams, and three button-operated knives, all of which were seized in accordance with law. During the investigation, the applicants were arrested on 11.05.2026. 3. Learned counsel for the applicants would submit that the applicants are innocent and have falsely been implicated. He further submits that no direct recovery of contraband has been made from the conscious possession of the applicants and they have been roped solely on the basis of the memorandum statement of the co-accused. He would also submit that applicants are in jail since 11.05.2026; thus, he prays that the applicants may be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submitted that 73 kilograms of Ganja and 553 grams of Nitrazepam tablets were seized from the applicants which falls within the definition of commercial quantity. It is further submitted that the applicants are habitual offenders having 4 previous criminal antecedents. Learned State counsel points out that the memorandum statement and the material collected during the investigation prima facie establish the applicants’ active role in an organized illicit drug- trafficking syndicate; thus looking to the statutory bar under Section 37 of the NDPS Act, they are not entitled to grant of regular bail. 5. Heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, and the recovery of a commercial quantity of contraband i.e. 73 kilograms of Ganja and 790 Nitrazepam tablets weighing 553 grams from the applicants; further considering the applicants’ 4 previous criminal antecedents and having regard to the stringent conditions under Section 37 of the NDPS Act, wherein this Court cannot satisfy itself that there are reasonable grounds for believing that the applicants are not guilty of such offence and they are not likely to commit any offence while on bail. Consequently, this Court does not find it to be a fit case for the grant of regular bail. 7. Accordingly, the first bail application filed by the applicants are hereby rejected. 8. The learned trial Court is directed to proceed with and conclude the trial expeditiously, without being influenced by any observations made in this order. Sd/- Rakesh Mohan Pandey JUDGE Nadim