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2026 DAILYLAW 9060 (CHH)

SANDEEP KUMAR YADAV v. THE STATE OF CHHATTISGARH

MCRC/957/2026 · 2026-01-27

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Judgment text

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1 2026:CGHC:4735 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 957 of 2026 1 - Sandeep Kumar Yadav S/o Ashok Kumar Yadav Aged About 23 Years R/o Kheritoli P.S. Venketnagar, District- Annuppur- (M.P.) 2 - Nilesh Kumar Yadav S/o Omkar Yadav Aged About 22 Years R/o Bhalumada, District - Annuppur, (M.P.) ...Applicants versus The State Of Chhattisgarh Through The Station House Officer, Tapkara, Police Station Tapkara, District- Jashpur (C.G.) ... Non-applicant For Applicants : Mr. Neeraj Kumar Mehta, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular 2 bail to the applicant who have been arrested in connection with Crime No. 55/2025 registered at Police Station – Tapkara District – Jashpur (C.G.), for the offence punishable under Section 20(b) (ii)(E) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that on the basis of information furnished by a reliable informant, the police party intercepted the present applicants near the police check post at Lawakera. The applicants were traveling in a Swift Dzire car bearing registration No. CG-04-DR-6000, which was stopped and searched by the police. During the search, a total of 121.850 kilograms of ganja was allegedly recovered from the dickey of the vehicle. Thereafter, in compliance with the mandatory procedural requirements under the NDPS Act, a First Information Report was registered against the applicants and investigation was initiated. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He further submits that in the present case on the basis of bald and bare suspicion; in fact, applicant No. 1 is merely the driver of the vehicle in which the contraband was allegedly found, and the registered owner of the car is Saddam Hussain, while the applicant had no knowledge of the ganja packed in the vehicle and was under the honest impression that the packets contained some other material; similarly, Applicant No. 2 had no knowledge 3 of the seized contraband as he was merely taking a lift in the vehicle; thus, both applicants are innocent and have not committed any offence as alleged; the applicants are permanent residents of District Anuppur (M.P.), as mentioned in the cause title, and they are ready to furnish solvent sureties to the entire satisfaction of this Hon’ble Court and undertake to abide by all the conditions which may be imposed while granting bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that a large quantity of contraband, namely 121.850 kilograms of ganja, was recovered from the applicants, which is far in excess of the commercial quantity, and, therefore, the applicants are 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, it is observed that the contraband article, i.e., ganja, was recovered from the joint possession of the present applicants. The applicants have failed to offer any satisfactory explanation regarding the seized contraband from the vehicle. The recovery of such a substantial quantity of ganja prima facie indicates the involvement of the applicants in illicit trafficking of narcotic substances, which constitutes a serious offence under the NDPS Act. In view of the gravity of the offence and the material on 4 record, this Court does not find any sufficient ground to entertain the present bail application, which is accordingly rejected. 7. Accordingly, the bail application of the applicants – Sandeep Kumar Yadav & Nilesh Kumar Yadav involved in Crime No. 55/2025 registered at Police Station – Tapkara District – Jashpur (C.G.), for the offence punishable under Section 20(b)(ii)(E) & 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 vaibhav VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.30 10:44:26 +0530