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2026 DAILYLAW 7729 (CHH)

KAMLOCHAN GOUDA v. STATE OF CHHATTISGARH

MCRC/3758/2026 · 2026-04-23

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Judgment text

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1 2026:CGHC:18974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3758 of 2026 Kamlochan Gouda S/o Shri Laxman Gouda Aged About 27 Years R/o Village Cherka, P.S. Ramgiri, District Koraput Orissa ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Nagarnar, District Bastar Chhattisgarh ... Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 191/2024 registered at Police Station – Nagarnar, District – Bastar (C.G.), for the offence punishable under Section 20(B)ii(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story in brief, the police of Police Station Nagarnar received secret information from an informant that, at the time of the incident, some unknown persons were illegally in possession of contraband ganja for the purpose of sale. Acting upon the said ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.27 17:21:21 +0530 2 information, the police conducted a search and seized 20.915 kg of contraband ganja from an open place near Jora Nala. Consequently, the police registered an offence punishable under Section 20(B)(ii)(C) of the NDPS Act against the other accused persons. The present applicant has been arrested on 28.10.2024 solely on the basis of the memorandum statement of the co-accused. 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 28.10.2024 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., 20.915 kgs of ganja, was recovered from the possession of the present applicant, 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., 20.915 kgs of ganja, was recovered from the possession of the present applicant, 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 – Kamlochan Gouda, involved in Crime No. 191/2024 registered at Police Station – Nagarnar, 3 District – Bastar (C.G.), for the offence punishable under Section 20(B)ii(C) 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