[Cites 3, Cited by 0]
Chattisgarh High Court
Mukesh Mishra vs State Of Chhattisgarh on 7 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:15825
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3069 of 2026
Mukesh Mishra S/o Santosh Mishra Aged About 28 Years R/o Bambe
Awwas Urla Durg Present R/o Titurdih Durg Police Station Mohan
Nagar, District Durg, C.G.
... Applicant(s)
Digitally
AKHILESH signed by
versus
KUMAR AKHILESH
DEWANGAN KUMAR
DEWANGAN
State Of Chhattisgarh Through- S H O Police Station- Komakhan,
District- Mahasamund, C.G.
... Respondent(s)
For Applicant(s) : Mr. Avinash Chand Sahu, Advocate.
For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
07.04.2026
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. 80/2025 registered at Police Station - Komakhan, District-
Mahasamund (C.G.), for the offence punishable under Section
20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances
Act, 1985.
2. Case of the prosecution, in brief, is that on 09.08.2025, the
Assistant Sub-Inspector of Police Station Komakhan, along with
staff, was on patrol duty when he received secret information that
three persons were transporting illegal ganja in a grey Hyundai
EON car (No. CG 08 Z 1787) from Odisha towards Mahasamund
for the purpose of sale. Acting upon the information, the police laid
a blockade near Temri Naka and intercepted the said vehicle.
Upon search of the car, two white plastic sacks were found in the
dickey containing a total of 22 kilograms of ganja, valued at
Rs.3,30,000/-. The contraband was seized and the accused
persons, namely, Sonu Chaturvedi, Aditya Agrawal, and Govind @
Gopi, were arrested, and an offence under Section 20(b) of the
NDPS Act was registered. During investigation, co-accused Sonu
Chaturvedi disclosed in his memorandum statement that the
contraband was arranged at the instance of the present applicant
Mukesh Mishra, who had asked him to procure ganja from Odisha
for sale. On the basis of this disclosure, the applicant Mukesh
Mishra was formally arrested from Central Jail, Durg. The seized
quantity of ganja is of commercial quantity, and the applicant is
alleged to be involved in procuring and transporting the
contraband. The said act led to the registration of alleged offence
against the applicant. Hence, the bail application.
3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case, only on the basis of
memorandum statement of co-accused, Sonu Chaturvedi, present
applicant has been made an accused in the case and no seizure
of any contraband article has been from the possession of
applicant, furthermore, the applicant is in jail since 26.12.2025. He
further submits that the mandatory provisions with regard to
search and seizure were not complied with in this case. He also
submits that the conclusion of the trial may take quite long time.
Accordingly, he prays for enlarging the applicant on regular bail.
4. Learned counsel appearing for the State/non-applicant opposes
the bail application and submit that the charge-sheet has been
filed in the present case before the competent Court. She further
submits that the quantity of contraband article i.e. 22 Kgs of Ganja
seized from the joint possession of co-accused persons is much
above the commercial quantity as notified under the NDPS Act
and the name of present applicant has come into light from the
memorandum statement of co-accused, Sonu Chaturvedi, who
disclosed that the said contraband was arranged at the instance
of the present applicant, Mukesh Mishra, who had asked him to
procure ganja from Odisha for sale, therefore, the applicant is not
entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
6. From perusal of the case diary, it transpires that the contraband
articles i.e. 22 Kgs of Ganja seized from the joint possession of
co-accused persons is much above the prescribed commercial
quantity threshold under the NDPS Act and the name of the
present applicant surfaced from the memorandum statement of
the co-accused, Sonu Chaturvedi, wherein he disclosed that the
contraband in question had been arranged at the instance of the
present applicant, Mukesh Mishra, who had instructed him to
procure ganja from Odisha for the purpose of sale, further it is an
organized crime and counsel for the applicant has failed to give
plausible explanation regarding the involvement of present
applicant, it cannot be a case of false implication, as such, this
Court is of the opinion that it is not a fit case to enlarge the
applicant on bail.
7. Accordingly, the bail application of the applicant - Mukesh
Mishra, involved in Crime No. 80/2025 registered at Police
Station - Komakhan, District- Mahasamund (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.
- Sd/-
(Ramesh Sinha)
Chief Justice
Akhil
