1 CGHC010351382026 2026:CGHC:42165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8396 of 2026 1- Dinesh Kumar Verma S/o Ramdhan Verma, Aged About 30 Years R/o Dhandharpatti, P.S. Aaspur Devsara, Dist. Pratapgarh U.P. 2- Ramesh Prajapati, S/o Chhatthu Prajapati, Aged About 22 Years R/o Village Dhunti, P.S. Kanhai, Dist. Pratapgarh U.P. ... Applicants versus State of Chhattisgarh Through The Station House Officer Nagarnar, Dist. Bastar C.G. ... Non-Applicants For Applicants : Mr. Raza Ali, Advocate For Non-Applicant/State : Mr. Vivek Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. This is the first bail application filed by the applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with Crime No. 98/2026 registered at Police Station Nagarnar, District Bastar (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act). 2. The prosecution case, in brief, is that acting upon secret information received from an informer, the police team of Police Station Nagarnar, 2 led by Assistant Sub-Inspector Satish Yaduraj, intercepted the applicants and seized contraband (Ganja). Upon recovery, 5.110 kg of Ganja kept in a black bag wrapped with adhesive tape and 5.180 kg of Ganja kept in a blue plastic bucket, total 10.290 kg was seized. The applicants were arrested on 03.07.2026. 3. Learned counsel appearing for the applicants would submit that the applicants are innocent and have falsely been implicated in the present crime. He would further submit that the total quantity of contraband alleged to have been recovered is 10.290 kg, which is above the small quantity (1 KG) but below the commercial quantity (20 kg), thus constituting an intermediate quantity, therefore, the statutory bar under Section 37 of the NDPS Act is not attracted to the facts of the present case. Learned counsel would contend that the applicants have no criminal antecedents; they are in jail since 03.07.2026; the charge- sheet has already been filed before the competent court; the trial is likely to take considerable time to conclude; thus, he would pray that the applicants may be enlarged on regular bail. 4. On the other hand, learned State counsel would oppose the bail application and submit that 10.290 kg of Ganja has been seized from the joint possession of the applicants. However, after verifying the case diary, he does not dispute the fact that the seized quantity is an intermediate quantity, that the applicants have no criminal antecedents, that the charge-sheet has already been filed. 5. Heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the quantity of seized contraband i.e. 10.290 kg of Ganja, which is an intermediate quantity, therefore, the stringent twin conditions under Section 37 of the NDPS Act would not apply in this case; further taking into account that the applicants have no criminal antecedents; they are in jail since 03.07.2026, and the investigation is complete; the charge- 3 sheet having already been filed, in the opinion of this Court, I am inclined to grant regular bail to the present applicants. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail, on following conditions :- (i) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court, (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Nadim