1 CGHC010317952026 2026:CGHC:42067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7591 of 2026 1 - Heeralal Kaiwart S/o Lakshman Kaiwart Aged About 36 Years R/o Mohara, Police Station Chandahandi, District - Navrangpur Odisha 2 - Tikam Tolatiya S/o Raghav Tolatiya Aged About 29 Years R/o Mohara, Police Station Chandahandi, District - Navrangpur Odisha ... Applicants versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Amlipadar, District Gariyaband Chhattisgarh ... Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate For Non-applicant /State : Mr. Nitansh Jaiswal, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.09.29 10:52:28 +0530 2 28/09/2026 1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 75/2026 registered at Police Station Amlipadar, District Gariyaband (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, “NDPS Act”). 2. Case of the prosecution, in brief, is that on 03/06/2026, the police conducted a raid on account of information received from an informer and seized 18.900 kgs of Ganja in total from the joint possession of the applicants. Thereafter, the police registered an FIR against the applicants and they were arrested on the same day. 3. Mr. Shivendu Pandya, learned counsel appearing for the applicant, would submit that the applicants are innocent and have falsely been implicated in the present case. He would further submit that the seized contraband article, i.e., 18.900 kg of Ganja, is of intermediate quantity (less than commercial quantity), hence the rigours of Section 37 of the NDPS Act would not apply to the applicants’ case. He would also submit that the applicants do not have any criminal antecedents. He would lastly contend that the charge-sheet has already been filed and the applicants have been in judicial custody since 03/06/2026, and since the conclusion of 3 the trial is likely to take considerable time, the applicants may be enlarged on regular bail. 4. On the other hand, Mr. Nitansh Jaiswal, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that intermediate quantity of contraband Ganja was recovered from the joint possession of the applicants; thus, they are not entitled to be released on regular bail. However, he admits that the charge-sheet has already been filed before the competent Court and that the applicants do not have any criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly that the seized contraband article (18.900 kgs of Ganja) is of intermediate quantity, which is below commercial quantity; further considering that charge-sheet has already been filed, the applicants have no criminal antecedent, they are in judicial custody since 03/06/2026, and the conclusion of the trial is likely to take some time, this Court is inclined to enlarge the applicants on regular bail. 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 4 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 them from disclosing such fact 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. 8. 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/-- Sd/-d/- (Rakesh Mohan Pandey) JUDGE Harneet