1 2026:CGHC:15825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3069 of 2026 Mukesh Mishra S/o Santosh Mishra Aged About 28 Years R/o Bambe Awwas Urla Durg Present R/o Titurdih Durg Police Station Mohan Nagar, District Durg, C.G. ... Applicant(s) versus State Of Chhattisgarh Through- S H O Police Station- Komakhan, District- Mahasamund, C.G. ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.04.2026 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. 80/2025 registered at Police Station – Komakhan, District- Mahasamund (C.G.), for the offence punishable under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 09.08.2025, the Assistant Sub-Inspector of Police Station Komakhan, along with staff, was on patrol duty when he received secret information that three persons were transporting illegal ganja in a grey Hyundai EON car (No. CG 08 Z 1787) from Odisha towards Mahasamund for the purpose of sale. Acting upon the information, the police laid a blockade near Temri Naka and intercepted the said vehicle. Upon search of the car, two white plastic sacks were found in the dickey containing a total of 22 kilograms of ganja, valued at Rs.3,30,000/-. The contraband was seized and the accused persons, namely, Sonu Chaturvedi, Aditya Agrawal, and Govind @ Gopi, were arrested, and an offence under Section 20(b) of the NDPS Act was registered. During investigation, co-accused Sonu Chaturvedi disclosed in his memorandum statement that the contraband was arranged at the instance of the present applicant Mukesh Mishra, who had asked him to procure ganja from Odisha for sale. On the basis of this disclosure, the applicant Mukesh Mishra was formally arrested from Central Jail, Durg. The seized quantity of ganja is of commercial quantity, and the applicant is alleged to be involved in procuring and transporting the contraband. The said act led to the registration of alleged offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, only on the basis of memorandum statement of co-accused, Sonu Chaturvedi, present 3 applicant has been made an accused in the case and no seizure of any contraband article has been from the possession of applicant, furthermore, the applicant is in jail since 26.12.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 22 Kgs of Ganja seized from the joint possession of co-accused persons is much above the commercial quantity as notified under the NDPS Act and the name of present applicant has come into light from the memorandum statement of co-accused, Sonu Chaturvedi, who disclosed that the said contraband was arranged at the instance of the present applicant, Mukesh Mishra, who had asked him to procure ganja from Odisha for sale, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the contraband articles i.e. 22 Kgs of Ganja seized from the joint possession of co-accused persons is much above the prescribed commercial 4 quantity threshold under the NDPS Act and the name of the present applicant surfaced from the memorandum statement of the co-accused, Sonu Chaturvedi, wherein he disclosed that the contraband in question had been arranged at the instance of the present applicant, Mukesh Mishra, who had instructed him to procure ganja from Odisha for the purpose of sale, further it is an organized crime and counsel for the applicant has failed to give plausible explanation regarding the involvement of present applicant, it cannot be a case of false implication, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant – Mukesh Mishra, involved in Crime No. 80/2025 registered at Police Station – Komakhan, District- Mahasamund (C.G.), for the offence punishable under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil