[Cites 4, Cited by 0]
Chattisgarh High Court
Dhananjay Pandey vs State Of Chhattisgarh on 12 March, 2026
1
2026:CGHC:11937
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1193 of 2026
Dhananjay Pandey S/o Urdhav Pandey Aged About 55 Years R/o Harrapadav
Keshkal, Police Station - Keshkal, District - Kondagaon (C.G.)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station - Keshkal,
District - Kondagaon (C.G.)
... Non-applicant
For Applicant : Mr. Ashutosh Biswas, Advocate on behalf of
Mr. Jhanendra Kumar Mahilang, Advocate.
Digitally
signed by
ABHISHEK
Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Adv.
ABHISHEK SHRIVAS
SHRIVAS Date:
2026.03.13
11:35:07
+0530 Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
12.03.2026
1.
The applicant has preferred this First Bail Application under Section 483
of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail,
as he has been arrested in connection with Crime No. 11/2026,
registered at Police Station Keshkal, District Kondagaon (C.G.) for the
offence punishable under Section 20(b) of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
2. The prosecution case, in brief, is that information was received from an
informer that the suspect Dhananjay Pandey keeps illegal narcotic
substances (ganja) concealed in his house and sells the same. Acting
upon the said information, the police proceeded to the house of the
suspect Dhananjay Pandey at Harrapadav, Keshkal, and cordoned off
the premises. For the purpose of verifying the information received from
the informer, the suspect Dhananjay Pandey was called and taken into
custody. He was informed about the information received from the
informer as well as his legal rights. Thereafter, the personal search of the
police officer, the accompanying staff, the vehicle, and the witnesses was
conducted, and subsequently, the search of the suspect was carried out.
During the personal search of the suspect Dhananjay Pandey, one
Realme company touchscreen mobile phone was recovered from his
pocket, containing a Jio SIM card bearing IMEI No. 8619754. One
Redmi company mobile phone, in switched-off condition, was also
recovered. Upon searching the house of the suspect, from inside the
kitchen room, one carry bag was found containing a loose substance.
Inside the bag, five small packets wrapped in transparent plastic and
rolled in paper were found concealed, which contained an illegal narcotic
substance resembling ganja. The total weight of the recovered substance
was found to be 1.710 kilograms. On the basis of the said seizure, Crime
No. 11/2026 was registered at Police Station Keshkal for the offence
punishable under Section 20(b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. It has been argued by learned counsel for the applicant that the applicant
has been falsely implicated in this case. She further submits that
prosecution agency has not followed the provisions under Section 42 of
the NDPS Act and not taken search warrant from the superior authority.
He also submits that from the house of the possession of the applicant
intermediate quantity of Ganja was seized, and therefore, it will not
attract the rigors of Section 37 of the NDPS Act as the commercial
quantity of Ganja as prescribed under the schedule is more than 20 Kgs
and from the house of the applicant 1.710 kgs of Ganja was seized. It is
further submitted by the learned counsel for the applicant that the
applicant has no criminal antecedents. He further submits that the
charge-sheet has been filed in the present case before the competent
Court and the applicant is in jail since 14.01.2026, conclusion of the trial
is likely to take quite long time. Therefore, he prays for grant of regular
bail to the applicant.
4. On the other hand, learned counsel appearing for the State/non-applicant
would oppose the bail application and submit that the charge-sheet has
not filed in the present case before the competent Court.
5. I have heard learned counsel appearing for the parties and perused the
case diary.
6. Taking into consideration the facts and circumstances of the case that
the contraband article i.e. 1.710 kgs of Ganja was recovered from the
house of the applicant, which is less than commercial quantity. Moreover,
the present applicant has no criminal antecedents under NDPS Act, also
considering the fact that the charge-sheet has been filed in the present
case before the competent Court which is taken on record and the
applicant is in jail since 14.01.20262025, conclusion of the trial may take
some time, therefore, this Court is of the view that the applicant is entitled
to be released on bail in this case.
7. Let the Applicant - Dhananjay Pandey, involved in Crime No. 11/2026,
registered at Police Station Keshkal, District Kondagaon (C.G.) for the
offence punishable under Section 20(b) of the Narcotic Drugs and
Psychotropic Substances Act, 1985, be released on bail on furnishing
personal bond with two sureties in the like sum to the satisfaction of
the Court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that
he shall not seek any adjournment on the dates fixed for
evidence when the witnesses are present in court. In case
of default of this condition, it shall be open for the trial
court to treat it as abuse of liberty of bail and pass orders
in accordance with law.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through his
counsel. In case of his absence, without sufficient cause,
the trial court may proceed against him under Section 269
of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail during
trial and in order to secure his presence, proclamation
under Section 84 of BNSS. is issued and the applicant
fails to appear before the court on the date fixed in such
proclamation, then, the trial court shall initiate
proceedings against him, in accordance with law, under
Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person, before
the trial court on the dates fixed for (i) opening of the case,
(ii) framing of charge and (iii) recording of statement
under Section 351 of BNSS. If in the opinion of the trial
court absence of the applicant is deliberate or without
sufficient cause, then it shall be open for the trial court to
treat such default as abuse of liberty of bail and proceed
against him in accordance with law.
8. 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
Abhishek
