Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 9524 (CHH)

SHIVAM PATEL v. STATE OF CHHATTISGARH

MCRCA/633/2026 · 2026-04-29

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:20232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 633 of 2026 Shivam Patel S/o Gautam Patel Aged About 26 Years R/o Ward No. 6 Dubaapara, Dandkarwa, Rewti, P.S. Pratappur, District- Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, (S.H.O.) Police Station Ambikapur. District- Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Shalvin Sharma, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30.04.2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 173/2026, registered at Police Station - Ambikapur. District- Sarguja (C.G.) for alleged commission of offence punishable under Section 20 (B) of Narcotic Drugs and Psychotropic Substance Act. 2. As per the prosecution case, on 14.03.2026, acting upon a tip-off from an informant, the police of Police Station Ambikapur raided Bans Bari Road, where 14 kg of illicit narcotic ‘ganja’, kept in a white plastic sack on the back seat, was recovered from the possession of a juvenile offender found inside a Scorpio vehicle (Registration No. CG 30 F 8689) near the incident site at Bans Bari, Ambikapur. Upon interrogation, the juvenile PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.01 19:08:08 +0530 2 offender stated that he, in collusion with Satyam Patel, Shivam Patel (the present applicant), Satyam Patel’s friend Priyanshu Kannaujiya, and one other individual, had procured ‘ganja’ worth Rs.70,000 from Surangpani, Lailunga. It is further alleged that, upon suddenly noticing the arrival of the police patrolling party at Bans Bari, four persons immediately got out of the Scorpio vehicle and ran towards the jungle, crossing the fenced boundaries of Bans Bari, and the police were unable to apprehend them, whereas only one person sitting inside the Scorpio vehicle was apprehended. On the basis of the aforesaid arrest and seizure, Police Station Ambikapur registered Crime No. 173/2026 under Section 20(b) of the NDPS Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has no nexus or connection whatsoever with the co-accused, nor does he know or associate with them. The applicant was not present at the place where the alleged incident occurred and has been unnecessarily named in the FIR on false and frivolous grounds. Therefore, it is prayed that anticipatory bail be granted to the applicant.” 4. On the other hand learned State counsel opposes the application for grant of anticipatory bail to the applicant. 5. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 6. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail 3 application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice Preeti