1 CGHC010360052026 2026:CGHC:42235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8585 of 2026 • Rafi Sheikh S/o Siddiqui Sheikh, Aged About 37 Years R/o Village Tiktiki Pada, Post Loknathpur Domgul, District Murshidabad (W.B.) ... Applicant versus • State Of Chhattisgarh Through The Station House Office, Police Station Bodhghat, Jagdalpur, District Bastar (C.G.) ... Non-Applicant For Applicant : Mr. Shishir Dixit, Advocate For 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 under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 513/2025 registered at Police Station Bodhghat, Jagdalpur District Bastar (C.G.), for the offence punishable under Sections 20 (b) of NDPS Act 1985. 2. Case of the prosecution, in brief, is that on receiving secret information, the police apprehended the present applicant while he was travelling on a motorcycle bearing registration No. OR 10 D 6439. Six packets of ganja, containing total 53.17 kg was seized from his possession, which was kept in a bundle of clothes. Thereafter, the police registered aforesaid offence SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.29 10:28:30 +0530 2 against him. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He further submits that though ganja recovered is above the commercial quantity, but the bar under Section 37 of the NDPS Act is not an absolute prohibition against grant of bail. It is argued that the Court is required to examine the conditions contemplated under Section 37 of the NDPS Act. He would contend that the applicant has no criminal antecedents and he is in jail since 11.11.2025 and conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State would oppose the bail application. He submits that contraband article i.e. 53.17 kgs, which is much above the commercial quantity, was recovered from the possession of the present applicant, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. It appears that 53.17 kgs. of ganja, which is above commercial quantity, was recovered from possession of the present applicant. Total six packets of ganja was recovered from his possession, which indicates his prima facie involvement, therefore, the rigour of Section 37 of the NDPS Act would squarely apply to the present case. 7. Having considered the fact that the contraband seized from applicant is much above the commercial quantity, the material collected during investigation prima facie indicates involvement in the present case, I am 3 not inclined to allow this application. 8. Accordingly, the instant bail application is rejected. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant