1 2026:CGHC:7427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10356 of 2025 1 - Deepali Pawar W/o Liti Pawar Aged About 19 Years R/o Village- Sohagpur, Police Station- Sohagpur, District- Narmadapuram (M.P.) 2 - Gujar Pawar S/o Suklal Pawar Aged About 23 Years R/o Village- Sohagpur, Police Station- Sohagpur, District- Narmadapuram (M.P.) ...Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Singhoda, District- Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Mayank Chandrakar, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2026 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 applicants who have been arrested in connection with Crime No. 36/2025 registered at Police Station – Singhoda District – VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.12 11:01:51 +0530 2 Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on 15.04.2025, the police received information from an informant that five persons were waiting for a bus at NH-53 Road, near Ganiyari Pali Chowk, carrying illegal narcotic substance (ganja) in three bags. Acting on the said information, the police party reached the spot, where four women and one man were found waiting for a bus and, on seeing the police, they attempted to flee but were apprehended after a brief chase. Upon enquiry, they disclosed their names as Sonam Bai Solanki, Malti Solanki, Sunita Solanki, Deepali Pawar and Gurjar Pawar, and admitted that they were carrying ganja in the bags. During search, a total of 21 packets weighing about 21 kilograms of illegal narcotic substance (ganja), wrapped with khaki-coloured tape, were recovered from the three bags. The recovered contraband was seized, a seizure panchnama was prepared, and the seized ganja was sealed with sealing cloth bearing signatures. On the basis of the said seizure, a First Information Report was registered at Police Station Singhoda as Crime No. 36/2025 under Section 20(b) of the NDPS Act against the applicants Deepali Pawar, Gurjar Pawar and other co-accused persons. After completion of investigation, charge-sheet under Section 20(b) of the NDPS Act has been filed before the competent Court. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. It is contended that applicant No.1 Deepali Pawar is pregnant and her expected delivery was in December 2025, and her continued incarceration poses serious risks 3 to the health and safety of both the mother and the unborn child, particularly in the absence of adequate medical and obstetric facilities in jail; therefore, she deserves to be released on bail on humanitarian grounds. It is further submitted that co-accused persons, namely Malti Bai and Sonam Bai Solanki, who were apprehended in similar circumstances, have already been granted bail by this Hon’ble Court on the principle of parity. The applicants are poor persons earning their livelihood by selling balloons and are the sole breadwinners of their families, and their continued custody is causing severe financial and social hardship to their dependents. It is also contended that the alleged contraband was not seized from the conscious possession of the applicants and was allegedly recovered from an open place, and the mandatory provisions of Sections 42 and 50 of the NDPS Act were not followed. The applicants have been in judicial custody since 15.04.2025, the charge sheet has been filed, and the trial is likely to take considerable time, thereby infringing their right to speedy trial under Article 21 of the Constitution of India. It is further submitted that there were no independent witnesses to the seizure, the sampling procedure under Section 52A of the NDPS Act was not properly followed, and the samples were not promptly sent for FSL examination, which creates serious doubt about the prosecution case. The applicants have no criminal antecedents, are permanent residents of the stated address, and there is no likelihood of their absconding or tampering with evidence, and they are ready to furnish adequate surety and abide by all the conditions imposed by this Hon’ble Court, hence, they pray for grant of bail. 4. On the other hand, learned State counsel opposes the bail application 4 and submits that a large quantity of contraband, namely 21 kilograms of ganja, which is far in excess of the commercial quantity, has been recovered from the possession of the applicants, and therefore the rigours of Section 37 of the NDPS Act are clearly attracted and the applicants are not entitled to be released on bail. It is further submitted that the applicants also have a previous criminal record under the NDPS Act in the year 2025, which reflects their involvement in similar offences. Considering the seriousness of the allegations, the commercial quantity of contraband seized, and the criminal antecedents of the applicants, learned State counsel prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is observed that the contraband article, i.e., ganja, was recovered from the joint possession of the present applicants, and they have failed to offer any satisfactory explanation regarding the same. The recovery of such a substantial quantity of ganja prima facie indicates their involvement in illicit trafficking of narcotic substances, which constitutes a serious offence under the NDPS Act. In view of the gravity of the offence, the commercial quantity of contraband seized, and the material available on record, this Court does not find any sufficient ground to entertain the present bail application. Accordingly, the bail application stands rejected. 7. Accordingly, the bail application of the applicants – Deepali Pawar & Gujar Pawar involved in Crime No. 36/2025 registered at Police 5 Station – Singhoda District – Mahasamund (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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav