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2026:CGHC:14099 Digitally signed by VAISHALI V LU AI C S K H Y ALI NAFR LUCKY NAGARIA

NAGARIA Date:

2026.03.25

17:31:29 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 1721 of 2026 • Nitish Chandra S/o Shri Prakash Chandra Aged About 19 Years R/o

Nadihar, Ps Rajgarh District- Mirzapur (U.P.)

... Applicant(s)

versus

• State of Chhattisgarh Through- Sho Basantpur Distt.- Balrampur-

Ramanujganj (C.G.)

... Respondent(s)

(Cause title is taken from Case Information System)

For Applicant(s) : Mr. Vijay Shankar Mishra, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

24.03.2026

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. 188/2025, registered at Police Station – Basantpur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 20(b)(ii)(B), 29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985, for short, the NDPS Act.

2. The prosecution story, in brief, is that the Police Outpost Assistant

Sub- Inspector Ramjeet Ram of Wadrafnagar Police Station,

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Basantpur, received information from an informant on October 10, 2025, that two individuals were traveling to Banaras in the Shivshakti Mahindra bus number CG 30 E 1048, carrying narcotic substances (ganja) in their bags for sale. Following this information, he summoned witnesses and, without obtaining a search warrant, proceeded with his staff to the main road in front of the Wadrafnagar Police Outpost, Wadrafnagar, and waited for the said bus. During this time, the Shivshakti Mahindra bus number CG 30 E 1048 was spotted. It was stopped and surrounded, and upon questioning the individuals sitting in berth numbers Al and A2, as indicated by the informant, they became nervous. When asked their names, they identified themselves as Deepak Sharma and Nitish Chandra. Upon searching their bags, one packet was found in each bag, each containing 2.100 kg, for a total of 4.200 kg of ganja. Finding sufficient evidence of the crime against the accused, they were arrested, and after investigation, a case was registered under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic

Substances Act.

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 from the possession of the applicant 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 joint possession of the applicant and co-accused persons 4.200 kg of ganja has been seized. It is further submitted that there are no any criminal antecedents of the

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applicant, and he is in jail since 10.10.2025 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 applicant is a resident of the State of the Uttar Pradesh and the charge-sheet has been filed in the present case and there are no any criminal antecedents of the applicant. It is submitted that a total of 4.200 kg of ganja has been recovered from the joint possession of the applicant and co-accused persons,

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 quantity of Ganja seized from the joint possession of the applicant and co-accused person i.e. a total of 4.200 kg of ganja. Also