Chattisgarh High Court
Naukir Chishti vs State Of Chhattisgarh on 24 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:18997
Digitally
signed by NAFR
ABHISHEK
ABHISHEK SHRIVAS
SHRIVAS Date:
2026.04.27
11:18:00 HIGH COURT OF CHHATTISGARH AT BILASPUR
+0530
MCRC No. 827 of 2026
Naukir Chishti S/o Jamil Ahmed Aged About 37 Years R/o Akbarpur, Kanpur
Dehat, Uttar Pradesh
... Applicant
versus
State of Chhattisgarh Through S.H.O. Police Station- Bodhghat District- Bastar
At Jagdalpur (C.G.)
... Non-applicant
For Applicant : Mr. Awadh Tripathi, Advocate.
For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
24.04.2026
1.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. 37/2025 registered at Police Station - Bodhghat, District - Bastar (C.G.), for the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The prosecution story, in brief, is that on the basis of information received from an informant, action was taken on 21.01.2025 by Sub-Inspector Arun Markam of Police Station Nagarnar. During the said action, four packets of illegal drug ganja, wrapped with brown cellotape and kept 2 inside two black-colored pithu bags and one red-colored bag, were recovered and seized, totaling 20.750 kg, which is more than the commercial quantity. Upon completion of the investigation, an offence under Section 20(b) of the NDPS Act was registered on 17.07.2025. The charge sheet has been filed in the case, and the matter is presently fixed for evidence on 09.12.2025.
3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. 20.750 kgs of ganja was not seized from the joint possession of the present applicant and other co-accused person. He also submits that the applicants are permanent residents of Kanpur, Uttar Pradesh, and have been working as electricians in an electronics company at Nagarnar, District Bastar, Chhattisgarh, for the past five years. On the relevant day, they were granted a day's leave by the company in the evening to visit Sanjay Market, Jagdalpur, along with their colleagues to purchase necessary items and thereafter return to Nagarnar. On the date of the alleged incident, they were purchasing liquor from a shop near the bus stand and were consuming it near the railway station. Meanwhile, a police patrol party took the applicants in their official vehicle to Police Station Bodhghat. A false case was then fabricated against them alleging possession of more than 20 kilograms of a narcotic substance, namely marijuana. Thereafter, they were produced before the Hon'ble Court and remanded to judicial custody. Since then, they have been in continuous judicial custody. Therefore, in the interest of justice, it is necessary that they be released on bail. He further submits that the case of the applicants is fixed for evidence before the Hon'ble Court on 09.12.2025. He further submits that the present applicant has no criminal antecedents and he is in jail since 21.01.2025, and conclusion of the trial may take 3 some time, therefore, he prays for grant of regular bail to the present applicant.
4. Learned State Counsel opposes the bail application and submits that, in compliance with this Court's order dated 24.02.2026, the Investigating Officer has filed an affidavit stating that 20.750 kg of ganja, valued at approximately Rs. 2.07 lakhs, was recovered from the possession of the applicant, which is above the commercial quantity. The applicant failed to produce any valid authorization or documents for the same. Additionally, a Vivo mobile phone and SIM card were seized. It is further submitted that the investigation reveals the applicant's involvement in a criminal syndicate, indicating organized and repeated criminal activity. In view of the seriousness of the offence, the commercial quantity involved, and the likelihood of reoffending, the applicant does not deserve to be released on bail.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Considering the submissions advanced by the learned State Counsel, the affidavit filed by the Investigating Officer in compliance with order dated 24.02.2026, and the material available on record, this Court finds that a total of 20.750 kg of ganja, which is above the commercial quantity, has been recovered from the possession of the applicant. The applicant has failed to produce any valid authorization or supporting documents for such possession. Further, a mobile phone and SIM card have also been seized from the applicant. The record further indicates the applicant's involvement in a criminal syndicate, suggesting organized and repeated criminal activity. Therefore, this Court is not inclined to grant bail to the applicant.
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7. Accordingly, the bail application of the applicant - Naukir Chishti, involved in Crime No. 37/2025 registered at Police Station - Bodhghat, District - Bastar (C.G.), for the offence punishable under Section 20(b)(ii)
(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected.
8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
10. The Director General of Police, State of Chhattisgarh, is directed to ensure that the prosecution witnesses in the present case appear before the concerned trial Court for the recording of their statements.
11. A copy of this order be sent to the Director General of Police, Chhattisgarh, through the learned State Counsel for information and necessary action forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek