Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 7268 (CHH)

DASI BADANAYAK v. STATE OF CHHATTISGARH

MCRC/2599/2026 · 2026-04-23

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:19004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2599 of 2026 • Dasi Badanayak S/o Nabina Badnayak Aged About 36 Years R/o District- Koraput (Odisha ) ... Applicant(s) versus • State of Chhattisgarh Through- Station House Office P.S. Bodhghat District Bastar (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Bholanath Saha, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.114/2025 registered at Police Station, Bodhghat District Bastar (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.04.25 20:28:31 +0530 2 2. Case of the prosecution, in brief, is that the special case No.43 of 2025, the information received from the mukhbeer the assistant Sub Inspector Dinesh Usendi of concerned Police Station recovered a total of 21.350 Kgs of illegal narcotic substance (Ganja) from a sack found in the possession of the applicant, which is more than the commercial quantity, thereafter FIR has been registered against the applicant. Hence, this bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 10.03.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. The applicant is in jail since 10.03.2025 and 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 would oppose the bail application and submit that the charge-sheet has been filed in the present case. He further submits that the quantity of contraband article i.e.,21.350 Kgs of illegal narcotic substance (Ganja) recovered from the possession of the applicant, 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. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant i.e., 21.350 Kgs of illegal narcotic substance (Ganja) is much above the commercial quantity and no plausible explanation has been provided by him, therefore, it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant - Dasi Badanayak, filed under Section 439 of the Cr.P.C., involved in Crime No. 114/2025 registered at Police Station, Bodhghat District Bastar (C.G.), for the offence punishable under Section 21(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) Chief Justice Saxena