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Judgment
This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 31/2025, registered at Police Station Tongpal, District Sukma (C.G.), for the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Case of the prosecution, in brief, is that on the basis of a secret information received on 16.12.2025, the police officials intercepted the present applicant along with the co-accused persons on suspicion of transporting contraband ganja. During search, four packets of ganja weighing 20.210 Kg. were allegedly seized from the green trolley of applicant Rihan Rajput, whereas three packets of ganja weighing 14.920 Kg. were allegedly recovered from the blue trolley of the co-accused Ansh Rajput. Thus, a total quantity of 35.130 Kg. of ganja was seized. Thereafter, after completion of investigation, charge-sheet has been filed against the applicant and other co-accused persons.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that though the total quantity has been shown to be commercial quantity, separate seizure memos were prepared in respect of the applicant and the co-accused and, therefore, the quantity allegedly recovered from the applicant cannot legally be clubbed with that recovered from the co-accused for treating it as commercial quantity. He further submits that the mandatory provisions of the NDPS Act have not been complied with during investigation. It is also submitted that the applicant has no criminal antecedents, is in jail since 17.12.2025, charge-sheet has already been filed and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail.
On the other hand, learned State counsel opposes the prayer for grant of bail and submits that in the present case, charge-sheet has already been filed and the total quantity of contraband ganja seized from the joint possession of the applicant along with co-accused is 35.130 Kg., which is much above the commercial quantity prescribed under the NDPS Act. It is further submitted that the similarly situated co-accused, namely, Anas Rajput, has already been denied the benefit of bail by this Court in MCRC No. 5239/2026 vide order dated 18.06.2026. Accordingly, the applicant is not entitled to be released on bail.
I have heard learned counsel appearing for the parties and perused the case diary.
From perusal of the case diary, it transpires that a total quantity of 35.130 Kg. of contraband ganja has been seized from the joint possession of the applicant and the co-accused, is much above the commercial quantity and the applicant has failed to furnish any satisfactory explanation regarding such possession. Considering the nature and gravity of the allegations, the quantity of contraband involved in the present crime and further taking into consideration that the bail application of similarly situated co-accused, namely, Anas Rajput, has already been rejected by this Court in MCRC No. 5239/2026 vide order dated 18.06.2026, this Court does not find any good ground to enlarge the present applicant on regular bail at this stage.
Accordingly, the bail application of the applicant- Rihan Rajput, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 31/2025, registered at Police Station Tongpal, District Sukma (C.G.), for the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected.
Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance.