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2026 DAILYLAW 590 (CHH)

GAURAV JATAV v. STATE OF CHHATTISGARH

MCRC/8687/2025 · 2026-01-01

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Judgment text

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1 2026:CGHC:140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8687 of 2025 Gaurav Jatav S/o Kamal Kishore Jatav Aged About 20 Years R/o Village- Murdi, Near Ambedkar Park, Ganj, Police Station- Kotwali, P.S. And Dist - Sihore (M.P) ... Applicant versus State of Chhattisgarh Through Assistant District Excise O5cer, Police Station- Excise Circle-Mahasamund, City Dist- Mahasamund (C.G) ... Non-applicant For Applicant : Mr. Lalit Jangde, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2026 1. This is the First bail application :led 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. 62/2025 registered at Police Station – Excise Circle-Mahasamund, City, District – Mahasamund (C.G.), for the o@ence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in short, is that on 03.07.2025, the Inspector, R.P.F., informed the Sub-Inspector, Excise Circle Mahasamund, that three persons had been apprehended with an intoxicating substance. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.03 15:00:05 +0530 2 The excise police reached the spot and, upon inquiry, the apprehended persons disclosed their names as Suresh Gaur, Gaurav Jatav, and Aryan Jatav. Upon search, quantities of 12.850 kilograms, 6.620 kilograms, and 6.190 kilograms respectively, totalling 25.660 kilograms, were recovered from the accused persons. The applicants were arrested, and the matter is presently under investigation. 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 is in jail since 03.07.2025 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 alleged contraband article, i.e., 25.660 kgs of ganja, was recovered from the joint possession of the present applicant along with other co-accused persons, which is much above the commercial quantity, therefore, he is not entitled to the grant of regular 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 the fact that the alleged contraband article, i.e., 25.660 kgs of ganja, was recovered from the joint possession of the present applicant along with other co-accused persons, 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. 3 7. Accordingly, the bail application of the applicant – Gaurav Jatav, involved in Crime No. 62/2025 registered at Police Station – Excise Circle-Mahasamund, City, District – Mahasamund (C.G.), for the o@ence 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. O5ce is directed to send a certi:ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) ChiefJustice Abhishek