Alok Kumar Chauhan vs State Of Chhattisgarh

The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, as he has been arrested in connection with Crime No. 68/2026 registered at Police Station Singhoda, District Mahasamund (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case, in brief, is that, on the basis of secret information regarding illegal transportation of ganja from Odisha towards Chhattisgarh in a white Maruti Suzuki car bearing registration No. HR-55-AL-8890, the police intercepted the said vehicle. One person sitting beside the driver allegedly fled from the spot, while the applicant, who was driving the vehicle, was apprehended. Upon search, 51 kg of ganja packed in 25 packets kept in three plastic bags was allegedly recovered from the vehicle. Accordingly, the aforesaid offence was registered against the applicant and the absconding co-accused.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that the applicant was merely driving the vehicle and no contraband was recovered from his conscious possession, the alleged recovery was made from the vehicle. It is also submitted that the case against the applicant is based on suspicion and his memorandum statement, while the co-accused is still absconding. The charge-sheet has already been filed before the competent Court and the applicant is in jail since 26.06.2026 and as the conclusion of the trial is likely to take some time, he prays for grant of bail.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the applicant was driving the car in which 51 kg of ganja, which is much above the commercial quantity, was recovered. It is further submitted that the applicant, along with the absconding co-accused, was actively involved in the illegal transportation of the contraband and therefore, the bail application deserves to be rejected.

I have heard learned counsel appearing for the parties and perused the case diary.

Having considered the facts and circumstances of the case, nature of allegations, the role attributed to the applicant as the driver of the vehicle in question from which 51 kg of ganja, which is much above the commercial quantity, was recovered and the manner in which the contraband was allegedly being transported from Odisha towards Chhattisgarh, I am of the view that the rigours of Section 37 of the NDPS Act are attracted. At this stage, there are no reasonable grounds to believe that the applicant is not guilty of the alleged offence. Accordingly, the applicant is not entitled to be enlarged on bail.

Consequently the bail application filed by the applicant, involved in Crime No. 68/2026 registered at Police Station Singhoda, District Mahasamund (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985., is hereby rejected.