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2026 DAILYLAW 5500 (CHH)

ANISH KUMAR SHAH v. STATE OF CHHATTISGARH

MCRC/3194/2026 · 2026-04-08

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Judgment text

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1 2026:CGHC:16381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3194 of 2026 Anish Kumar Shah S/o Rajesh Shah Aged About 20 Years R/o Chachoki Police Station - City Gagwda District- Kapurthala (Punjab) (As Per Charge Sheet) ... Applicant versus State of Chhattisgarh Through The Station House Officer Police Station Excise Circle Civil Line, Raipur District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.04.2026 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. 148/2025 registered at Police Station – Excise Circle, Civil Line, Raipur, District – Raipur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case is that on the date of the incident, i.e., 02.09.2025, the Police Station – Excise Circle, Civil Line, Raipur, District Raipur (C.G.), received secret information from an informant that illicit ganja was being kept by the present accused/applicant along with other co-accused ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.10 17:00:29 +0530 2 persons for the purpose of sale. Acting upon the said information, the police raided the spot, where the applicant along with other co-accused persons was found in possession of 28 kg of illicit ganja. Upon search conducted by the police, a total of 28 kg of ganja was seized from the applicant. Thereafter, the police registered an offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, vide Crime No. 148/2025, and proceeded to investigate the matter. On the basis of the aforesaid information, recovery, and seizure made by the police, the present accused/applicant was arrested for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He also submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. He further submits that the present applicant has no criminal antecedents and he is in jail since 02.09.2025 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 applicants and submits that the charge-sheet has already been submitted before the competent Court in the present case. She further submits that the quantity of contraband article i.e. 28 Kgs of Ganja, was recovered from the joint possession of the present applicant and other co-accused person, which is much above the commercial quantity and 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. 3 6. Considering the facts and circumstances of the case and further the fact that the contraband article which has been seized from the joint possession of the present applicant and other co-accused person which is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Anish Kumar Shah, involved in Crime No. 148/2025 registered at Police Station – Excise Circle, Civil Line, Raipur, District – Raipur (C.G.), for the offence punishable under Section 20(B) 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 forthwith. Sd/- (Ramesh Sinha) ChiefJustice Abhishek