2026:CGHC:7889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 3 of 2026 Manish Singh S/o Vijay Singh Aged About 30 Years R/o Shyam Nagar, Near Taru Bahi Chowk, P.S. Telibandha, District Raipur (C.G.)

... Petitioner(s)

versus State Of Chhattisgarh Through The District Magistrate, District Raipur (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Mahendra Kumar Sisodia, Advocate.

For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

12/02/2026

1. Heard Mr. Mahendra Kumar Sisodia, learned counsel for the petitioner. Also heard Ms. Ankita Shukla, learned Panel Lawyer, appearing for the respondent/State.

2. The present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) has been preferred by the petitioner challenging the order dated 06.12.2025 passed by the learned Sessions Judge, Raipur, District–Raipur (C.G.) in Misc. Case No.103/2025, whereby the application under Section 448 BNSS seeking transfer of Special NDPS Case No.121/2021 (State vs. Manish Singh & Others) pending before the Court of Shri Pankaj Kumar Sinha, Special Judge (NDPS), Raipur, has been rejected. The petitioner has further prayed for transfer of the aforesaid NDPS case to some other competent Court.

3. Brief facts of the case according to the petitioner are that the present matter arises out of Special NDPS Case No. 121/2021 (State vs. Manish Singh & Others) pending before the Court of Special Judge (NDPS), Raipur, presided over by Shri Pankaj Kumar Sinha. During the course of trial, the accused persons moved an application under Section 311 of Cr.P.C. seeking appropriate relief for just decision of the case, however, the said application was decided and dismissed on the very same day without calling for any reply and without affording proper opportunity of hearing to the accused. Being aggrieved by such summary rejection, the accused preferred a revision before this Court. Thereafter, the accused filed another application before the trial Court under Section 233 Cr.P.C. (for summoning defence witnesses), praying that defence witnesses be called for examination. The trial Court, however, while entertaining the said application, directed the accused to deposit an amount of Rs.3,000/- towards advance expenses for meals and related arrangements of the witnesses. It is the case of the accused that such direction was passed without proper consideration of their financial condition and with malafide intention. The accused submitted that one of the co-accused is already in judicial custody in another case and the other accused is a very poor person and not in a position to afford the said amount, thereby seriously prejudicing their right to fair defence.

4. It is further the case of the accused that they moved a transfer application before the learned Sessions Court, Raipur, seeking transfer of Special NDPS Case No. 121/2021 from the Court of Special Judge, Shri Pankaj Kumar Sinha to some other competent Court. The ground taken was that certain persons had allegedly demanded money for securing acquittal, and since the accused were unable to fulfill such demand, they apprehended bias and unfair trial. It is also the case of the petitioner that the transfer petition was duly filed and the though the Sessions Judge was informed about aforesaid alleged demand of money and biasness, however, the said transfer was dismissed by the learned Sessions Judge vide impugned order dated 06.12.2025 and during pendency of the transfer application, as the proceedings of NDPS case has not been stayed by the Sessions Judge, the learned trial Court continued with the trial and passed orders dated 03.11.2025, 15.11.2025 and 22.11.2025. In these circumstances, alleging denial of fair opportunity, financial hardship, and apprehension of bias in the conduct of proceedings, the accused have preferred the present transfer petition challenging the order dated 06.12.2025 passed by the learned Sessions Ju