1 2026:CGHC:18473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2329 of 2026 Deepak Kesharwani S/o Late Surendra Kesharwani Aged About 42 Years R/o Near Bangla School, Lajpatpaura Ward Sagar City, M.P. ... Applicant versus 1 - State Of Chhattisgarh Through Police Station D.R.I. Raipur And Through Dhirendra Singh General Information Officer Distt. Raipur Chhattisgarh. 2 - Union Of India Through Directorate Of Revenue Inteligence Raipur Regional Unit Indore Zonal Unit Through Inteligence Office Raipur Chhattisgarh Address- 30 Panchsil Nagar, Civil Line Raipur, District- Raipur, Chhattisgarh. (As Per Honble Court Order Dated- 19-03-2026) ... Non-applicants For Applicant : Mr. Ravi Kumar Banjare, Advocate For DRI/ Respondent : Mr. Ashutosh Singh Kachhawaha, Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.24 19:08:44 +0530 2 to the applicant who has been arrested in connection with Crime No.34/2025 registered at Police Station: D.R.I. Raipur, District Raipur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, on 18.08.2025, the police received secret information regarding the possession of contraband by the present applicant and other co-accused persons. Acting upon the said information, the police conducted a search and allegedly recovered and seized 39 kg 833 grams of Ganja from the possession of the applicant and the co-accused. On the basis of the said seizure, an FIR bearing Crime No.34/2025 was registered against the applicant for the offences punishable under Sections 8(c), 20(b)(ii)(C) and 29 of the NDPS Act. Thereafter, the applicant along with the co-accused persons was arrested and the investigation was set into motion. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, in this case and alleged contraband article i.e. 39.833 seized . The applicant is in custody since 20.08.2025, the charge-sheet has been filed, 3 and the trial is likely to take considerable time. It is also submitted that the applicant is the sole earning member of his family and a permanent resident, with no likelihood of absconding or tampering with evidence 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 quantity of contraband article i.e. 39.833 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. 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 other co-accused person is much above the commercial quantity this Court is of the considered view that no case for grant of bail is made out. The submissions advanced on behalf of the 4 applicant do not satisfy the twin conditions as envisaged under Section 37 of the NDPS Act. This Court is not inclined to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant – Deepak Kesharwani, involved in Crime No.34/2025 registered at Police Station–D.R.I. Raipur, District – Raipur (C.G.), for the offence punishable under Sections 8(C)20(b)(ii-c), 29 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) Chief Justice Arpan