Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 37838 (CHH)

SURESH KUMAR BANJARA v. STATE OF CHHATTISGARH

MCRC/8690/2026 · 2026-09-29

Shri Rakesh Mohan Pandey

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010353642026 2026:CGHC:42613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8690 of 2026  Suresh Kumar Banjara S/o Babulal Banjara Aged About 23 Years R/o Village Nagjhri, Thana Unhel, District Ujjain M.P. (As Per F I R Correct Mention) ... Applicant versus  State Of Chhattisgarh Through Police Station Vishrampuri (Police Chowki Baskot), District Kondagaon Chhattisgarh ... Non-Applicant For Applicant : Mr. Bhupendra Singh Advocate For State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30.09 .2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 64/2025 registered at Police Station Vishrampuri(Police Chowki Baskot), District Kondagaon (C.G.), for the offence punishable under Section 20(B) of NDPS Act. 2. Case of the prosecution, in brief, is that on 23.08.2025, the police received a confidential information from the informant that two persons were transporting illegal contraband (Ganja) on their motorcycles. Acting upon the said information, the police intercepted the accused persons on the Banskot- Parchhipara road, and upon search, seized total quantity of 39.550 Kg. of SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.10.01 14:41:00 +0530 2 Ganja from their joint possession. Thereafter, the aforesaid offence was registered against the applicant. 3. Learned counsel for the applicant would submit that from joint possession, total 39.550 kg of Ganja was seized while they were riding their respective motorcycles from Parchhipara towards Banskot. He would contend that co- accused, who was carrying 18.800 Kg of Ganja has already been granted bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 11354/2026 vide order dated 18.08.2026. He would submit that some of the witnesses have already been examined and there is contradiction in the weight of the contraband seized from possession of the present applicant. He would pray for grant of bail on ground of parity. 4. On the other hand, learned counsel for the State would oppose the bail application. Mr. Jitendra Shrivastava, Government Advocate would submit that from possession of the applicant 20.750 Kg. of Ganja was seized. He would submit that quantity of seized Ganja was above commercial quantity, and therefore, rigors of Section 37 of NDPS Act would attract. He would further contend that the trial is at advance stage as 9 witnesses out of 19 have already been examined. He would submit that this application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. The Hon’ble Supreme Court granted bail to co-accused on the ground that he was carrying 18.800 Kg. of Ganja on his bike and four out of 26 witnesses were examined, whereas, in the present case, the quantity of Ganja seized from possession of the present applicant is above commercial quantity and the trial is at advance stage, and further, the rigors of Section 37 of NDPS 3 Act would also attract, therefore, I am not inclined to allow this bail application. 7. Accordingly, instant bail application is hereby rejected. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant