1 CGHC010385072026 2026:CGHC:42287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9168 of 2026 1 - Prakash Khillo S/o Guru Khillo Aged About 22 Years R/o Village Durla Tikrapara, Police Station - Nandpur, District - Koraput, Odisha, Pin 764020, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station City Kotwali, Gariyaband, District Gariyaband, C.G. --- Non-applicant For Applicant : Mr. Mohammad Afroz Athar, Advocate For Non-applicant : Dr. Saurabh Pande, Dy. A.G. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 29/09/2026 1. The applicant has preferred this Second Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.36/2025, registered at Police Station-City Kotwali for the offence Gariyabandh, District- Gariyabandh (C.G.) punishable under Sections 20(b) (ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. First Bail Application was dismissed on merits vide order dated 04.09.2025 in MCRC No. 6039 of 2025. 3. The prosecution story, in brief, is that on 18.03.2025, the police received a secret information that two individuals travelling on a white motorcycle from 2 Devbhog towards Gariyabandh were carrying narcotic drugs (Ganja) in their bags. Acting upon the said information, a raid was conducted at NH- 130C, where two accused persons, namely, Nikku Kumar and Shankar Pandey, both residents of Punjab, were apprehended. Upon search, approximately 30.385 kg of Ganja was recovered from their possession, and a motorcycle and mobile phone were seized from Shankar Pandey. Both accused persons were arrested on the same day. In his memorandum statement, Nikku Kumar disclosed the involvement of co-accused Vishal Kumar Singh and Manish Kumar, residents of Punjab, who were allegedly escorting them on another motorcycle. They were arrested on 19.03.2025. Nikku Kumar further stated that on 17.03.2025, they had gone to Jeypore, Odisha, to purchase Ganja from an unidentified person known as 'Dadu'. During the course of investigation, the present applicant was arrested on 08.06.2025 and was sent to judicial custody. After completion of the investigation, the police filed the charge-sheet for the offences mentioned in the application. 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The ganja was recovered from the exclusive possession of Nikku Kumar and Shankar Pandey. It is argued that the applicant has been in jail since 08.06.2026. 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. 5. On the other hand, learned State Counsel opposes the bail application and submits that the applicant has been implicated on the basis of the 3 memorandum statement of co-accused Nikku Kumar, who disclosed the involvement of the present applicant in the commission of the offence. He would further submit that looking to the quantity of contraband seized, the bar contained under Section 37 of the NDPS Act is attracted and, therefore, the applicant is not entitled to be released on bail. 6. I have heard the learned counsel for the parties and perused the case diary. 7. It is a well-settled principle of law that a mini-trial is not permissible at the stage of entertaining the bail application. It has been held by the Supreme Court in a catena of decisions that the Courts are precluded from undertaking a detailed examination of the evidence and such duty is cast upon the Trial Court. The reliability and credibility of the evidence cannot be adjudicated at this stage. 8. Taking into consideration the facts and circumstances of the case, particularly the fact that the first bail application was dismissed on merits and the quantity of contraband seized, i.e., 30.385 kg, which is more than the commercial quantity, I am not inclined to grant bail to the applicant. Accordingly, the present bail application is rejected. Sd/- Rakesh Mohan Pandey JUDGE Jyoti