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Judgment
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. 716/2026 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offence punishable under Sections 20(b) & 29 of NDPS Act.
Case of prosecution, in brief, is that on 18.05.2026, the Police on the basis of secret information, intercepted two auto-rickshaws near Lagra Cement Factory, Sipat Road, P.S. Sarkanda, Bilaspur at about 13:35 hours and after search, seized 90.700 kgs. of Ganja from joint possession of the present applicant and co-accused person. Thereafter, the police completed investigation in accordance with the provisions of NDPS Act and registered aforesaid offence against the present applicant.
Learned counsel for the applicant submits that the present applicant is suffering from thymoma disease and requires urgent medical assistance. She would contend that in the present case, applicant is in jail since 18.05.2026 and there is no progress in trial. She would also contend that sufficient medical document has been placed on record and he has no criminal antecedent. Thus, she would pray for grant of bail to the present applicant.
On the other hand, learned counsel for the State would oppose the bail application. Ms. Ankita Shukla, Panel Lawyer would contend that the applicant has failed to produce sufficient medical documents to establish that she is suffering from any serious ailment. It is contended that medical prescriptions would reveal that the applicant was diagnosed with swelling and pain over right hand and no substantial change was found in the ECG report and appropriate medication is being provided to the applicant. It is further submitted that 90.700 kgs. of ganja was seized from joint possession of the applicant and co-accused person and bail application of co-accused has already been rejected in MCRC No. 8452 of 2026 vide order dated 23.09.2026.
I have heard learned counsel appearing for the parties and perused the case diary.
Having considered facts and circumstances of the case, nature and gravity of allegations levelled against the applicant, and fact that medical documents produced by the applicant do not establish any serious medical condition warranting her release on medical grounds. The applicant is alleged to have been found in joint possession of 90.700 kilograms of ganja, which is above commercial quantity; therefore, the rigours of Section 37 of the NDPS Act would attract. Further, the bail application of the co-accused has already been rejected in MCRC No. 8452 of 2026 vide order dated 23.09.2026, therefore, I am not inclined to allow this application.
Accordingly, instant bail application is hereby rejected.