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Judgment
Hon’ble Shri Justice Rakesh Mohan Pandey
The applicants have preferred this Second Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as they have been arrested in connection with Crime No 472/2024, registered at Police Chowki - Birejhar, Police Station - Kurud, District - Dhamtari (C.G.) for the offence punishable under Section 20(B) and 29 of the NDPS Act.
Case of the prosecution, in brief, is that on 05/11/2024, the In- Charge of Police Outpost Birejhar under Police Station Kurud, Sub- Inspector Ishwar Lal Sakar, received information from an informant that two suspicious individuals were transporting illegal ganja (cannabis) on a red-colored TVS Raider Sports motorcycle without a number plate, traveling from village Maurikala towards village Kodebod. Acting upon the said information, and following due procedure, the officer along with his team and independent witnesses proceeded in a government vehicle to the Alekhunta T- junction near Kodebod and kept surveillance on the passing vehicles. During the surveillance, two persons matching the informant's description were seen coming from the direction of Alekhunta on a red motorcycle. Upon being stopped and questioned, they identified themselves as Balram Chandrakar and Vikram Baghel, residents of village Anda, District Durg. They were carrying two plastic sacks on their motorcycle, which they admitted contained ganja. Following legal procedure, both plastic sacks were searched and were found to contain ganja. During interrogation, the accused disclosed that the contraband had been brought from Odisha and was intended to be delivered to Anil Kumar and Mayank Yadav, residents of Bhandara, Maharashtra, who were waiting near a roadside eatery between Abhanpur and Kachna on Old Dhamtari Road. Immediately, a police team was dispatched to apprehend the said individuals, and both Anil Kumar and Mayank Yadav were also brought into custody. All four accused were formally arrested. On the spot, the recovered ganja was weighed and seized, and its total quantity was found to be 28 kilograms, valued at approximately 2,80,000/-. In this regard, an FIR bearing Crime No. 472/2024 was registered at Police Station Kurud under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Learned counsel for the applicants submits that the first bail application of the applicants was rejected vide order dated 10.07.2025. He further submits that this second bail application has been preferred on the ground that no contraband has been seized from the possession of the applicants and there is no incriminating material connecting them with the alleged offence. It is submitted that the CDRs of the applicants and the main accused do not show any contact between them and the applicants have been implicated only on suspicion. It is further submitted that only 6 out of 14 witnesses have been examined and out of which, seizure and memorandum witnesses have turned hostile and have not supported the case of the prosecution. Reliance has also been placed upon the order dated 30.07.2026 passed by the Hon’ble Supreme Court in SLP (Criminal) No.8292/2026 whereby bail has been granted to the accused therein in a similar case as the present one. He would lastly submit that the applicants are in custody since 05.11.2024 and conclusion of trial will likely take considerable time, hence, he prays for grant of bail to the applicants.
On the other hand, Learned counsel appearing for the State/non-applicant opposes the prayer for grant of bail and submits that the first bail application of the applicants was rejected by this Court on merits considering that 28 kgs of ganja, which is much above the commercial quantity, was recovered from the two co-accused persons and, on the basis of their memorandum statements, the present applicants have been implicated in the offence. It is further submitted that the alleged offence is part of an organized crime and, considering the nature and gravity of the offence and the commercial quantity involved, the applicants are not entitled to be released on bail instead, Section 37 of the NDPS Act attracts in the present case.
I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record.
Considering the facts and circumstances of the case, particularly the fact that the first bail application of the applicants was rejected by this Court on merits and considering that 28 kgs of ganja, which is much above the commercial quantity, was recovered from the applicants and co-accused persons and as such, Section 37 of the NDPS Act would be attracted and furthermore, the appreciation of evidence is not permissible while entertaining the bail application, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail.
Accordingly, the bail application of the applicants – Anil Kumar Thakre and Mayank Yadav involved in Crime No 472/2024, registered at Police Chowki - Birejhar, Police Station - Kurud, District - Dhamtari (C.G.) for the offence punishable under Section 20(B) and 29 of the NDPS Act, is hereby rejected.