1 2026:CGHC:2444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 504 of 2026 Khemchand Sahu @ Ishu Sahu S/o Sammelal Sahu Aged About 26 Years R/o Ward No. 10, Lawan, P.S. Lawan, District Balodabazar- Bhatapara Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Kasdol, District Balodabazar-Bhatapara Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Shobhit Koshta, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2026 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. 625/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Kasdol, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 09.10.2025, acting on secret information received by the Assistant Sub-Inspector of Police Station Kasdol, a raid was conducted at village Chharchedh, where from the house premises of accused Ramnath Patel, a Scorpio vehicle and a Scooty were searched and a total of 39.718 kilograms of ganja was seized. On the basis of the said seizure, an offence under Section 20(B) of the NDPS Act was registered against accused Ramnath Patel and Omprakash Sahu and investigation was undertaken. During the course of investigation, it was revealed from the memorandum statements of accused Ramnath Patel and Omprakash Sahu that they, along with other accused persons, were involved in the business of purchase and sale of ganja for a considerable period, and that the accused had placed an order for purchase of 5 kilograms of ganja out of the seized contraband and subsequently, present applicant has been arrested. Hence, the bail application. 3. Learned counsel for the applicant is innocent and has falsely been implicated in the present case. He further submits that no contraband ganja has been seized from the physical possession of the present applicant as the same was made from the co- accused, which is above the commercial quantity, the applicant’s 3 implication in the case is solely based on the memorandum statement of the co-accused, which is inadmissible in evidence and cannot be relied upon to establish his involvement in the alleged offence. He also submits that even as per the memorandum statement, the allegation against the applicant is limited to the purchase of about 5 kilograms of ganja, which does not fall within the category of commercial quantity. Therefore, even if the prosecution story is accepted in its entirety, the quantity allegedly attributable to the present applicant is only of intermediate quantity. Additionally, there is non-compliance of mandatory provision of Section 42, 50 and 52 of NDPS Act and the seizure procedure raises grave suspicion regarding the seizure of ganja from the present applicant. The applicant is in jail since 11.11.2025, 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 opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the name of present applicant has come into light from the memorandum statement of co-accused persons from whom contraband article i.e. 39.718 kg of narcotic substance (ganja) has been recovered, which is much above the commercial quantity as notified under the NDPS Act, further the applicant has 4 one criminal antecedent under the NDPS Act of the year 2022, 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. From perusal of the records, it prima facie appears that the contraband article seized i.e. 39.718 kg of narcotic substance (ganja) recovered from the possession of co-accused persons is much above the commercial quantity as per the Schedule given under the NDPS Act and the name of present applicant has come into light from the memorandum statement of the said co-accused persons as out of the seized contraband substance, an order for purchase of 5 Kgs of ganja has been placed by the present applicant, which indicates prima facie involvement of the applicant along with co-accused persons in the illicit trafficking of narcotic substance. Further considering the fact that charge-sheet has been filed in the present case and the applicant has one criminal antecedent of the year 2022 under the NDPS Act, which shows that the applicant is a habitual offender and has misused the bail granted to him earlier, also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, 5 this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant - Khemchand Sahu @ Ishu Sahu, involved in Crime No. 625/2025 registered at Police Station Kasdol, District Balodabazar-Bhatapara (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. - Sd/- (Ramesh Sinha) Chief Justice Akhil