1 2026:CGHC:16163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3181 of 2026 Jagat Ram Rajwade S/o Ram Karan Rajwade Aged About 31 Years R/o Village Korja Nawapara, Ps Lakhanpur, District- Sarguja (Ambikapur) (C.G.) ... Applicant versus State of Chhattisgarh Through PS Divisional Flying Squad Division Sarguja, District- Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Kamlesh Patel, Advocate For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.04.2026 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. 142/2025 registered at Police Station – Divisional Flying Squad Division Sarguja, District- Sarguja (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story, in brief, is that on 03.01.2025, a Divisional Flying Squad, while on routine patrolling duty at Puhaputra Road, intercepted and overtook a white-coloured Maruti Suzuki Grand Vitara bearing registration No. JH 03 AT 5700, as the driver appeared suspicious. The vehicle was accordingly surrounded and stopped, and upon inquiry, the occupants disclosed their names as Jagat Ram Rajwade and Arvind Rajwade. Thereafter, a search of the vehicle was conducted, during which one sack containing 13 wrapped packets was recovered from the rear seat and 41 wrapped packets were recovered from the trunk (dickey), totaling 54 packets. Upon verification, the contents were found to be Ganja, which on weighing amounted to 56.599 kilograms. The said contraband was recovered from the vehicle being driven by the applicant. Subsequently, the contraband was seized in accordance with law, and the applicant was arrested for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and the allegations levelled against him are baseless, misconceived, and unsustainable in law. It is further submitted that the alleged recovery is fabricated and not effected in accordance with the mandatory provisions of law, and the applicant was not in conscious possession of the alleged contraband, rendering the prosecution story doubtful and unreliable. He further submits that there are material contradictions in the prosecution case, inasmuch as the 3 date of the alleged incident and arrest is mentioned as 03.01.2025 in the complaint, whereas other documents reflect the proceedings to have taken place on 03.11.2025, which goes to the root of the matter. It is also contended that mandatory provisions of the NDPS Act have not been complied with, as no notice under Sections 50, 43, or 67 was served upon the applicant, he was not produced before any superior officer, no independent witness or weigher was called at the spot, and the weighing was conducted by the Investigating Officer himself without disclosing the source of the weighing machine. It is further submitted that no receipt of deposit of the contraband in the malkhana has been placed on record and no Patwari map has been annexed. He also submits that there has been gross non-compliance of the mandatory safeguards under Sections 42, 50, and 57 of the NDPS Act, thereby vitiating the entire prosecution case, and as such, the essential ingredients of the alleged offence under Section 20(b)(ii)(C) of the NDPS Act are not made out against the applicant, entitling him to be enlarged on bail. He further submits that the applicant is a driver of the said car and he has no previous criminal antecedents, the charge-sheet has been submitted before the competent Court, and he is in jail since 03.11.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court. She further submits that the quantity of contraband article i.e. total 4 56.599 kg of Ganja from the joint possession of the present applicant along with co-accused person, which is much above the commercial quantity, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the seized contraband article i.e. total 56.599 kg of Ganja from the joint possession of the present applicant along with co- accused person, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Jagat Ram Rajwade, involved in Crime No. 142/2025 registered at Police Station – Divisional Flying Squad Division Sarguja, District- Sarguja (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs & 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan