Chattisgarh High Court
Dutta @ Duttotray Mishra vs State Of Chhattisgarh on 19 March, 2026
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2026:CGHC:13183
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2572 of 2026
Dutta @ Duttotray Mishra S/o Satyabanta Mishra Aged About 42 Years R/o
Devil Madhoupur, Police Station - Athmalik District Angul Odisha
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station Chilphi
District Kabirdham Chhattisgarh
... Non-applicant
For Applicant : Ms. Fouzia Mirza, learned Senior Advocate
assisted by Mr. Ali Afzal Mirza, Advocate.
For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer.
Digitally
signed by
PREETI
PREETI
KUMARI Hon'ble Shri Ramesh Sinha, Chief Justice
KUMARI Date:
2026.03.19
Order on Board
17:12:01
+0530
19.03.2026
1.The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.27/2025, registered at Police Station: Chilphi, District - Kabirdham(C.G.) for the offences punishable under Sections 20(B)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act").
2. As per the prosecution story, on 13.07.2025, information was received at the police station that two persons travelling in a truck bearing registration No. RJ 14 GG 9595 were transporting illegal narcotic substance (ganja) from Kawardha Chilphi Ghati towards Jabalpur. Upon receiving the information, the police informed the accompanying staff and witnesses, 2 recorded a Dehati Nalishi, and registered Crime No. 00/2025 under Section 20(B)(ii)(c) of the NDPS Act. At the place of incident, in front of Police Station Chilphi on NH-30 main road, two accused persons, namely Akram Khan and Pappu Singh, were apprehended. One truck bearing registration No. RJ 14 GG 9595 (approximate value Rs. 20 lakhs) was seized along with the following articles: 32 packets of ganja (33.600 kg) in yellow plastic bags, 32 packets of ganja (33.450 kg) in yellow plastic bags, 28 packets of ganja (29.360 kg) in blue plastic bags, 23 packets of ganja (24.080 kg) in blue plastic bags, along with one white plastic bag containing five empty bags (0.700 kg). The total quantity of seized ganja was 119.215 kg, valued at approximately Rs. 25 lakhs. Additionally, three mobile phones were seized: one blue Redmi phone, one blue Samsung Galaxy phone, and one grey Vivo phone, each valued at approximately Rs. 10,000/-. The total value of the seized property was approximately Rs. 45,30,000/-.
3. During the course of investigation, the present applicant was implicated on the basis of the memorandum statements of co-accused Akram Khan and Pappu Singh, who were allegedly the driver and associate of the said truck. In their statements, they alleged that the contraband ganja was supplied by the present applicant and loaded into the truck from his plastic slab factory situated in Odisha. On the basis of the above facts, an FIR dated 13.07.2025 bearing Crime No. 27/2025 was registered at Police Station Chilphi, District Kabirdham (C.G.), for the offence punishable under Section 20(B)(ii)(c) of the NDPS Act, 1985 against the present applicant and other co-accused persons. After completion of the investigation, a final charge sheet (No. 1/2026) was filed before the learned Special Sessions Court (NDPS), District Kabirdham, on 05.01.2026.
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4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She further submits that the present applicant has been implicated in the present crime solely on the basis of the memorandum statements of the co-accused, namely Akram Khan and Pappu Singh. The police seized the alleged contraband from a secret chamber of the truck bearing registration No. RJ 14 GG 9595, which was in the possession of the co-accused Akram Khan and Pappu Singh, as they were the drivers of the said truck from which the alleged ganja was recovered. In order to save themselves, they have falsely implicated the present applicant on the basis of false and fabricated evidence. The applicant has not committed any act falling within the ambit of the alleged offence. No contraband has been seized from his possession, and he was made to sign certain documents under pressure exerted by the police. Further, the charge-sheet has been filed before the competent Court and the applicant has two previous criminal antecedents under the IPC, and he is in jail since 15.07.2025, further the conclusion of the trial is likely to take some time therefore, he prays for grant of bail.
5. On the other hand, the learned counsel for the State opposed the prayer for grant of bail and submits that the quantity of contraband articles ie. 120 Kgs Ganja seized from the joint possession of the co-accused persons, is above commercial quantity, further the name of the applicant has come into light the memorandum statement of the co-accused persons, but looking to the seriousness of this case, the present applicant is not entitled for grant of bail.
6. I have heard learned counsel for the parties and perused the material available on record.
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7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence levelled against the applicant, and the fact that the name of the applicant has surfaced in the memorandum statements of co-accused persons, and further considering that the quantity of contraband, i.e., 120 kg of ganja, allegedly recovered from the co-accused persons is above the commercial quantity, indicating organized criminal activity, and looking to the seriousness of the case, this Court is of the opinion that it is not a fit case to release the applicant on bail.
8. Accordingly, the bail application of applicant - Dutta @ Duttotray Mishra involved in Crime No.27/2025, registered at Police Station:
Chilphi, District - Kabirdham (C.G.) for the offences punishable under Sections 20(B)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act"), is rejected at this stage.
9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith.
Sd/--
(Ramesh Sinha) Chief Justice Preeti