[Cites 2, Cited by 0]
Chattisgarh High Court
Shekhar Putel vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12173
KUNAL
DEWANGAN NAFR
Digitally
signed by
KUNAL HIGH COURT OF CHHATTISGARH AT BILASPUR
DEWANGAN
MCRC No. 2357 of 2026
Shekhar Putel S/o Parma Putel Aged About 22 Years R/o Harishankar
Road, Police Station - Harishankar Road, District- Balangir, Odisha.
(Particulars Of The Applicant Is Mentioned Correctly)
... Applicant(s)
versus
State Of Chhattisgarh Through - Police Station - Rajim, District-
Gariyabandh (C.G.)
... Non-applicant(s)
For Applicant : Mr. Anmol Sharma, Advocate.
For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
1.
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. 399/2024 registered at Police Station - Rajim, District
Gariyabandh (C.G.) for the offence punishable under Section 20(B)
(ii)(C) of N.D.P.S Act, (As per charge-sheet)
2. The prosecution story, in brief, is that on 09.12.2024, the police
authorities received a secret information that two persons travelling
in a Hyundai car bearing registration No. C.G.-06-GN-7321 were
transporting psychotropic substance, namely ganja, which was kept
in the trunk at the rear side of the vehicle and were proceeding from
Chura Road towards Rajim. Upon receiving the said information,
the police authorities reached the spot and conducted a raid. During
the said raid, two persons, namely Devraj Putel and the present
applicant, were found in the said vehicle. Upon search of the
vehicle, psychotropic substance (ganja) weighing 92.700 kilograms
was allegedly seized from their joint possession. Accordingly, both
the accused persons were arrested on 09.12.2024 and against
them aforesaid offences were registered.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is
submitted that the alleged implication of the applicant is solely
based on the memorandum statement of the co-accused, which has
no evidentiary value in law. As per the prosecution case itself, the
applicant was merely a passenger in the vehicle and had no
knowledge whatsoever about the alleged transportation of
contraband (ganja) kept in the car by the co-accused person. The
applicant does not even know the said person, namely Bunty @
Palash Patil. It is further submitted that the applicant is in judicial
custody since 09.12.2024 and has remained incarcerated for about
one year and three months. There are 20 prosecution witnesses
cited by the prosecution, out of which only three witnesses have
been examined till date and the trial is progressing very slowly. After
completion of investigation, the charge-sheet has already been filed
and no further custodial interrogation of the applicant is required.
The applicant has no previous criminal antecedents of similar
nature, therefore, he deserves to be released on bail.
4. On the other hand, learned State counsel opposes the bail
application and submits that the applicant is involved in a serious
offence under the provisions of the NDPS Act. It is submitted that a
huge quantity of contraband (ganja) weighing 92.700 kilograms has
been seized from the vehicle in which the present applicant was
travelling along with the co-accused and therefore the offence falls
under the category of commercial quantity. It is further submitted
that the investigation has revealed the involvement of the applicant
in transportation of the contraband substance and considering the
gravity and seriousness of the offence, the applicant does not
deserve to be released on bail. Hence, the bail application deserves
to be rejected.
5. I have heard learned counsel for the parties and perused the case
diary.
6. From perusal of the record, it transpires that the contraband article,
i.e., ganja weighing 92.700 kilograms, was recovered from the
vehicle in which the present applicant was travelling along with the
co-accused persons, which is much above the commercial quantity
as prescribed under the provisions of the NDPS Act. The primary
ground raised in the present bail application is that the applicant is
in custody since 09.12.2024 and out of 20 prosecution witnesses,
the evidence of only 3 witnesses have been recorded so far.
However, considering the nature and gravity of the offence and the
fact that the contraband seized is of commercial quantity, mere long
incarceration and slow progress of the trial cannot be considered
sufficient grounds to enlarge the applicant on bail at this stage.
7. Recently the Hon'ble Supreme Court in the matter of Union of
India (UOI) Vs. Vigin K. Varghese (Special Leave Petition
(Cri.) Nos.7768 of 2025 and 11097 of 2025) decided on
13.11.2025 has observed that in NDPS commercial-quantity cases,
long incarceration cannot, by itself, be a ground for bail.
8. Considering the fact that the trial is in progress and also in the light
of observation made by the Hon'ble Supreme Court in Vigin K.
Varghese (supra) that in NDPS commercial-quantity cases, long
incarceration cannot, by itself, be a ground for bail, therefore I do
not find any good ground to entertain this bail application.
Accordingly, the bail application of the applicant- Shekhar Putel,
involved in Crime No. 399/2024 registered at Police Station -
Rajim, District Gariyabandh (C.G.) for the offence punishable under
Section 20(B) (ii)(C) of N.D.P.S Act, is rejected.
9. Needless to say that the trial Court concerned is at liberty to
proceed and conclude the trial expeditiously.
10. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance. Sd/-
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Kunal
