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2026 DAILYLAW 9184 (CHH)

SANTOSH DAS v. STATE OF CHHATTISGARH

MCRC/3693/2026 · 2026-04-22

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Judgment text

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1 2026:CGHC:18678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3693 of 2026 Santosh Das S/o Budhram Das Aged About 26 Years R/o Village Cheetabahar, P.S. Darma District- Sarguja Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gharghoda District- Raigarh Chhattisgarh ... Respondent(s) For Applicant(s) : Ms. Prachi Singh, Advocate. For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/04/2026 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. 287/2025 registered at Police Station Gharghoda District- Raigarh (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on the basis of secret information, the police of Police Station Gharghoda, District Raigarh, conducted a search operation on 30.10.2025 at about 7:25 PM near Lailunga Road in front of the police station. During the search, a Hyundai car bearing registration No. CG-29-AS- 2077 was intercepted. Upon inspection, 250 packets wrapped in khakhi tape were found concealed from the middle seat of the trunk of the vehicle, containing a total of 257.5 kilograms of contraband ganja. The said contraband was allegedly being transported by the applicant/accused for the purpose of illegal sale and was seized in the presence of witnesses. The vehicle and a Vivo mobile phone were also seized. Accordingly, an offence under Section 20(b) of the NDPS Act was registered vide Crime No. 287/2025, and the matter was taken up for investigation. The accused was arrested and, during interrogation, disclosed that he had transported the contraband from Sonepur, Odisha, on the instructions of one Mukesh Verma, a resident of Bhatapara. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 30.10.2025. She further submits that the mandatory provisions with regard to search and seizure were not complied with in this 3 case. She also submits that the conclusion of the trial may take quite long time. Accordingly, she 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 applicant was found in conscious possession of 257.5 kilograms of contraband ganja, which is much above the commercial quantity as notified under the NDPS Act was being illegally transported in a Hyundai car for the purpose of sale. The contraband was recovered from the vehicle under his control, and he had allegedly brought the same from Sonepur, Odisha, on the instructions of a co-accused person. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the contraband articles i.e. 257.5 kilograms of ganja, which is much above the commercial quantity, have been seized from the conscious possession and exclusive control of the applicant/accused while transporting the same in a Hyundai car bearing registration No. CG-29-AS-2077 for the purpose of illegal sale. The seizure has been effected in accordance with law in presence of witnesses, and prima facie material is available on record connecting the 4 applicant with the alleged offence. Further, the applicant has also disclosed during interrogation that he had transported the contraband from Sonepur (Odisha) on the instructions of a co- accused person, which indicates his involvement in the illegal trafficking of narcotic substances and counsel for the applicant has failed to provide plausible explanation regarding the same. 7. Considering the gravity and serious nature of the offence, the huge quantity of contraband involved and the statutory embargo contained under Section 37 of the NDPS Act, this Court is of the opinion that it is no a fit case to enlarge the applicant on bail. 8. Accordingly, the bail application of the applicant - Santosh Das, involved in Crime No. 287/2025 registered at Police Station Gharghoda District- Raigarh (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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