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2026 DAILYLAW 36527 (CHH)

PANKAJ KUCHBADIYA v. STATE OF CHHATTISGARH

MCRC/8422/2026 · 2026-09-21

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010350902026 2026:CGHC:41283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8422 of 2026 1 - Pankaj Kuchbadiya S/o Vinod Kuchbadiya Aged About 21 Years R/o Sukhi, Sevaniya, P.S. Sukhi, Sevaniya, Distt. Bhopal, M.P. 2 - Kohninoor Kuchbadiya S/o Dharamraj Kuchbadiya @ Dharamraj Adiwasi Aged About 19 Years R/o Pathariya, P.S. Pathariya, Distt. Damoh, M.P. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer (S.H.O.), P.S. City Kotwali, Distt. Bilaspur, Chhattisgarh. ... Respondent(s) For Applicants : Mr. Vimal Pathak, Advocate For Non-Applicant : Mr. Keshav Gupta, G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 22/09/2026 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 applicants in connection with the Crime No.257/2026, registered at NIRMALA RAO 2 Police Station City Kotwali, District Bilaspur for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act). 2. The case of the prosecution, in brief, is that the police of Police Station City Kotwali, Bilaspur, received secret information, conducted a raid, and seized 20 kilograms of Ganja from the joint possession of the applicants and another co-accused. Thereafter, the aforesaid offence was registered against the applicants. 3. Learned counsel for the applicants would submit that the applicants are innocent and have falsely been implicated in the case. He further submits that the applicants are in jail since 18.04.2026, the charge- sheet has been filed, and there is no criminal history of a similar nature. 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 submits that 20 kilograms of Ganja was seized from the joint possession of the applicants and another co-accused, which falls within the definition of commercial quantity. It is further submitted that the applicants are habitual offenders and that applicant No.1 has one previous criminal antecedent. He would submit that the application filed by the applicants deserves to be dismissed. 5. Heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, the recovery of commercial quantity of contraband, i.e. 20 kilograms of Ganja, from the applicants, and having regard to the stringent conditions under Section 37 of the NDPS Act, this Court is not satisfied that there are reasonable grounds for 3 believing that the applicants are not guilty of such offence or that they are not likely to commit any offence while on bail. Consequently, this Court does not find it to be a fit case for grant of regular bail. 7. Accordingly, the first bail application filed by the applicants are hereby rejected. Sd/- Rakesh Mohan Pandey JUDGE Nimmi