Order on Board

09.07.2026

This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 , for grant of regular bail to the applicant who has been arrested in connection with Crime No. 141/2024 registered at Police Station – Kukdur, District- Kabirdham (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per prosecution story, on 24.10.2024 at around 21.55 hours, the police of Police Station Kukdur received secret information that some persons had stored illicit contraband (ganja) in a TATA 1109 bearing registration number AR-55-AA-1148. Based on this information, the police reached the location and recovered 242.070 kilograms of Ganja from the TATA 1109), which was in the possession of the accused persons. Accordingly, an offence has been registered against the applicants, and a charge sheet has been filed before the concerned Court.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the arrest of the applicants is illegal as the mandatory requirement of supplying the grounds of arrest in writing was not complied with. Although the arrest memo contains a printed recital that the grounds of arrest were explained, no written grounds of arrest were furnished to the applicants as mandated by the judgments of the Hon'ble Supreme Court in Mihir Rajesh Shah v. State of Maharashtra & Anr., AIR 2025 SC 5554, and Dr. Rajinder Rajan v. Union of India & Anr. (Criminal Appeal arising out of SLP (Crl.) No. 3326 of 2026), thereby violating the constitutional safeguards under Article 22 of the Constitution of India and the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is further submitted that only 3 out of 19 prosecution witnesses have been examined so far and, therefore, the conclusion of the trial is likely to take considerable time. Learned counsel also places reliance on the decision of the Hon'ble Supreme Court in Devendra Kumar Mishra alias Bade Guru v. State of Madhya Pradesh , 2024 SCC OnLine SC 1582, to contend that prolonged incarceration coupled with slow progress of the trial is a relevant consideration for grant of bail. It is further submitted that the essential ingredients of the alleged offences are not prima facie made out against the applicants, who have been in judicial custody since 24.10.2024. The applicants are permanent residents of the address mentioned in the cause title, there is no likelihood of their absconding or tampering with the prosecution evidence or influencing the witnesses, and they are ready to abide by all the terms and conditions that may be imposed by this Hon'ble Court while granting bail.

Learned State Counsel opposed the bail application and submitted that the applicants are involved in a serious offence under the NDPS Act involving recovery of a commercial quantity of Ganja. It is submitted that, acting on credible secret information, the police intercepted a TATA 1109 bearing registration No. AR-55-AA-1148 and recovered 242.070 kilograms of Ganja from the possession of the accused persons. It is further submitted that the investigation has revealed sufficient material connecting the applicants with the alleged offence and, after completion of investigation, the charge-sheet has already been filed before the competent Court. Learned State Counsel contends that, in view of the recovery of commercial quantity, the rigours of Section 37 of the NDPS Act are attracted and the applicants have failed to satisfy the twin conditions prescribed therein. Therefore, considering the gravity of the offence, the quantity of contraband seized, and the statutory bar under Section 37 of the NDPS Act, the applicants are not entitled to the benefit of bail, and the bail applications deserve to be rejected.

I have heard learned counsel appearing for the parties and per