1 CGHC010339212026 2026:CGHC:41602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8559 of 2026 1 - Gajendra Kumar S/o Late Rabichandra Kumar Aged About 29 Years R/o Village Karlapada, P.S. Bhawanipatna, Tehsil Bhawanipatna, District Kalahandi, Odisha. (Fathers Name Wrongly Mentioned In Order Dated 18-08- 2026) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Komakhan, District Mahasamund, (C.G.) ... Non-Applicant For Applicant : Ms. Priyanka Bajpai, Advocate For Non- Applicant /State : Ms. Priya Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 24/09/2026 1. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant for grant of regular bail, who has been arrested in connection with Crime No. 0022/2026 registered at Police Station Komkhan, District Mahasamund (C.G.) for offences punishable under Sections 20(b)(ii)(C) 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 on 09.02.2026, acting upon secret informant information that the applicant was actively engaged in the illicit sale of contraband Ganja, the police party conducted a raid on the spot. During the search, contraband Ganja weighing 40 kg was 2 seized from the possession of the present applicant and co-accused person. Consequently, Crime No. 0022/2026 was registered, and the applicant was taken into custody on 09.02.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. It is argued that the applicant has been in jail since 09.02.2026. It is further submitted that the investigation has been completed, the charge-sheet has already been filed. The applicant is ready to abide by all stringent terms and conditions that may be imposed by this Court, and there is no likelihood of absconding or tampering with evidence; thus, the applicant may be enlarged on regular bail. 4. On the other hand, learned counsel for the State would oppose the bail application and submit that the bar under Section 37 of the NDPS Act is attracted, as the contraband article, i.e. 40 kg, is much above the commercial quantity. He would further submit that the bail application of the co-accused has already been rejected vide order dated 18.09.2026 in MCRC No. 7722 of 2026. Hence, the bail application is liable 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, particularly that the seized contraband article, i.e. 40 kg of Ganja, is much above the commercial quantity, the bar contained under Section 37 of the NDPS Act is attracted, and further considering that the bail application of the co-accused has already been rejected vide order dated 18.09.2026 passed in MCRC No. 7722 of 2026, I am not inclined to grant bail to the applicant. Accordingly, the bail application is rejected at this stage. 7. It is made clear that the observations made hereinabove are solely for the purpose of deciding this bail application and shall not affect the merits of the trial. The learned Trial Court shall proceed with the trial expeditiously on its own merits in accordance with law. Sd/- Rakesh Mohan Pandey JUDGE Jyoti