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2026 DAILYLAW 9857 (CHH)

AJAY SINGH v. STATE OF CHHATTISGARH

MCRC/3009/2026 · 2026-04-30

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:20518 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3009 of 2026 1 - Ajay Singh S/o Laxman Singh Aged About 20 Years R/o Narauli P.S. - Ruddawal District- Bharatpur (Rajasthan). 2 - Sher Singh S/o Shyam Singh Aged About 35 Years R/o Dikariya P.S. Ruddawal District- Bharatpur (Rajasthan). ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station P.S. Purur District- Balod (C.G.) ... Non-applicant For Applicant : Ms. Madhunisha Singh, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswail, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.05.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.04 17:57:15 +0530 2 Crime No. 94/2024 registered at Police Station Purur, District- Balod (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story i.e. on 23.07.2024, Police Station Purur received secret information from an informer that two persons were transporting Ganja in an unregistered Mahindra tractor by concealing it in a specially fabricated chamber in the trolley. Acting on the said information, the police intercepted the vehicle and conducted a search. During the search, 16 packets of Ganja were recovered from the tractor trolley. The total quantity of the seized contraband was found to be 61.300 kg. The recovered Ganja was found in the joint possession of the present applicants. Accordingly, the contraband was seized and the applicants were taken into custody as per law. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case and alleged contraband article i.e. 61.300 kg seized. The applicant is in custody since 23.07.2024, the charge-sheet has been filed, and the trial is likely to take considerable time. There is no 3 compliance of procedural safeguards at the time of search and seizure, as no Drugs Inspector was present at the spot. The prosecution has also failed to establish any evidence of sale, purchase, or conscious possession of the alleged contraband. It is also submitted that the applicant is the sole earning member of his family and a permanent resident, with no likelihood of absconding or tampering with evidence and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel that the allegations against the applicant are serious in nature, involving recovery of a commercial quantity of 61.300 kg of Ganja, which was found in his joint possession. It is submitted that the search and seizure were conducted on the basis of credible information in accordance with law and all mandatory provisions have been duly complied with. The alleged violations are matter of trial. The investigation has disclosed sufficient material against the applicant, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and 4 perused the case diary. 6. Considering the facts and circumstances of the case, particularly the recovery of commercial quantity of 61.300 kg of Ganja from the joint possession of the applicant and co- accused, this Court is not inclined to accept the plea of false implication. It is further noted that the applicant is in judicial custody since 23.07.2024 and the charge-sheet has already been filed. The contentions regarding non-compliance of mandatory provisions are matters of trial and cannot be adjudicated at this stage. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant No.1 – Ajay Singh & applicant No.2- Sher Singh involved in Crime No. 94/2024 registered at Police Station Purur, District- Balod (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. 5 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 Arpan