MCRC/9298/2026 of JEETAN Vs STATE OF CHHATTISGARH on 15 October 2026

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 41/2026 registered at Police Station Saliha, District Sarangarh-Bilaigarh (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, on 23.07.2026, during vehicle checking near Saliha Main Road, a motorcycle bearing registration No. HR-50-M- 2830 driven by Applicant No. 2 with Applicant No. 1 as the pillion rider was intercepted by the police. Upon searching the bag carried by the

applicants, 8 kg and 656 grams of contraband ganja was allegedly recovered from their joint possession, thereafter, the aforesaid crime came was registered against them.

3. Learned counsel for the applicants would submit that the applicants are innocent and have falsely been implicated in the case. No illicit contraband was recovered from their conscious possession, nor were they apprehended from the spot as alleged. She would further submit that mandatory procedural safeguards under the NDPS Act were not adhered to. He would also submit that the seized quantity of 8.656 kg of ganja is intermediate quantity, and therefore, the statutory rigours of Section 37 of the NDPS Act do not attract to the present case. She would contend that applicants have no criminal antecedents, have been in jail since 23.07.2026, and the trial is likely to take considerable time to conclude; thus, she would pray that the applicants may be enlarged on bail.

4. On the other hand, learned State counsel would oppose the application for grant of regular bail and submit that the contraband was seized from the joint possession of the applicants during checking. However, she does not dispute the fact that the seized quantity is intermediate and that the applicants have no criminal antecedents.

5. Heard learned counsel for the parties and perused the case diary.

6. Considering the rival submissions, the facts and circumstances of the case, particularly the fact that the alleged seized quantity of 8.656 kg of ganja is intermediate quantity (less than commercial quantity of 20 kg), thus bar under Section 37 of the NDPS Act would not attract in this case; further considering the fact that the applicants have no criminal antecedents and have been in custody since 23.07.2026, and the trial is likely to take some time, this Court is inclined to release the applicants on regular bail. Accordingly, the bail application is allowed.

7. It is directed that in the event of the applicants executing their personal bond for a sum of Rs.50,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:-

(i) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, &

(iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Sd/-

Rakesh Mohan Pandey

JUDGE Nadim