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2026:CGHC:14415 Digitally signed by VAISHALI NAFR

VAISHALI LUCKY LUCKY NAGARIA NAGARIA Date:

2026.03.28

16:08:58 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530

MCRC No. 2835 of 2026 • Aastana Dewar S/o Kumar Dewar, Aged About 19 Years R/o Dewar

Basti Kukurbeda, P.S. Saraswati Nagar, Raipur Chhattisgarh ... Applicant(s)

versus • State of Chhattisgarh Through Station House Officer Police Station

Saraswati Nagar, Raipur, District Raipur (C.G.)

... Respondent(s)

(Cause title is taken from Case Information System) For Applicant(s) : Ms. Khushbhu Sahu, Advocate

For Respondent(s) : Ms. Monika Tahkur, Panel Lawyer

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

25.03.2026

1. The applicant has preferred this First Bail Application under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 10/2026, registered at Police Station – Saraswati Nagar, District – Raipur (C.G.) for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short,

the NDPS Act.

2. The prosecution story, in brief, is that the concerned police station

Saraswati Nagar, Raipur, received secret information through the

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informant that at the time of incident, unknown persons were illegal kept Contraband ganja in their scooty vehicle to sale and police has seized 4.420 kg. Contraband ganja from the possession of the applicant at open place and as a result thereof, police has registered offence publishable under against the section 20(b)(ii)(B) of the N.D.P.S. other accused person and only on the basis of memorandum

statement, the applicant has been arrested on 08.01.2026.

3. It has been argued by the learned counsel for the applicant that the

applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that contraband article seized from the possession of co-accused and on the basis of his memorandum statement, present applicant is implicated in crime in question. Further, intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the co-accused only 4.420 kg. of Ganja has been seized. It is further submitted that there is no any criminal antecedents of the applicant, and he is in jail since 08.01.2026 and the conclusion of the trial is likely to take quite long

time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, the learned counsel for the State opposes the bail

application and submits that the charge-sheet has been filed in the present case and there are no any criminal antecedents of the applicant and contraband article seized from the possession of co- accused and on the basis of his memorandum statement, present applicant is implicated in crime in question. It is submitted that a total of 4.420 Kgs of Ganja has been recovered from the possession of

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the co-accused, therefore, this bail application is liable to be rejected.

5. I have heard learned counsel for the parties and perused the material

available on record.

6. After hearing the submissions advanced by learned counsel for the

parties as well as considering the fact that contraband article seized from the possession of co-accused and on the basis of his memorandum statement, present applicant’s name came in to the light and quantity of Ganja seized from the possession of the co- accused i.e. a total of 4.420 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 08.01.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion

that the applicant is entitled to be released on bail in this case.

7. Let t