[Cites 4, Cited by 0]
Chattisgarh High Court
Dilip Pradhan vs State Of Chhattisgarh on 18 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13024
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1760 of 2026
Dilip Pradhan S/o Kulomani Pradhan, Aged About 29 Years R/o Village
Kadlimunda, (Mahulamundashahi) Police Station Kishorenagar, District-
Anugul (Odisha) ... Applicant
versus
State Of Chhattisgarh Through District Magistrate, Raigarh District- Raigarh
(C.G.) ... Non-applicant
VAIBHAV
SINGH
Digitally signed by
For Applicant : Mr. Sunil Verma, Advocate.
VAIBHAV SINGH
Date: 2026.03.19
11:54:32 +0530
For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
18.03.2026
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.
105/2025 registered at Police Station - Tamnar, District - Raigarh
(C.G.), for the offence punishable under Section 20(B)(ii)(C) & 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The prosecution story in brief is that on 23.05.2025 at about 15:20
hours near Salihabhata Chowk, within jurisdiction of Police Station
Tamanar, from a Santro Car bearing registration No. CG-13/C-5581,
two plastic bags allegedly containing total 37 kg of ganja was seized.
On the basis of said seizure, present crime has been registered. During
interrogation of the arrested police recorded a memorandum
confessional statement of other co-accused person. and thereafter
police has been registered the case for an offence punishable offence
under Section 20 (B) (H) (C), 29 of N.D.P.S. Act.
3. Learned counsel for the applicant submits that the applicant is an
innocent person who has been falsely implicated in the present case.
The implication of the applicant is solely based on the
memorandum/confessional statement of the co-accused, which is
inadmissible in evidence as held by the Hon'ble Supreme Court in
Tofan Singh vs State of Tamil Nadu (2020). No contraband, vehicle, or
any incriminating article has been recovered from the possession of the
applicant, and there is no direct or conscious nexus connecting him
with the alleged offence. The only allegation is that, being acquainted
with co-accused Ranjan Pradhan, the applicant transferred some
money upon request, which by itself does not establish involvement in
any illegal activity. The contraband (37 kg of ganja) was recovered from
vehicle bearing No. CG-13/C-5581, which was in possession of the co-
accused persons, and the applicant has no ownership, possession, or
control over the said vehicle. There is no supporting evidence such as
CDR, mobile location, CCTV footage, or independent witness linking
the applicant to the alleged crime. The applicant is a permanent
resident of Sambalpur, engaged in private employment, has no criminal
antecedents, and is the sole breadwinner of his family, which is facing
severe hardship due to his prolonged incarceration since 14.10.2025.
The investigation is complete and the charge-sheet has already been
filed; hence, no further custodial interrogation is required. There is no
likelihood of the applicant absconding or tampering with the
prosecution evidence. The trial is likely to take considerable time, and
the alleged offence is not punishable with death. Therefore, in the
interest of justice, it is prayed that the applicant be kindly enlarged on
bail.
4. On the other hand, learned State Counsel has opposed the bail
application and submitted that the charge-sheet has already been filed
before the competent Court. It is further submitted that a huge quantity
of contraband, i.e., 37 kilograms of ganja, has been recovered from the
co-accused, which falls within the category of commercial quantity as
prescribed under the NDPS Act, and the bail application of the co-
accused has already been rejected by this Court in MCRC No. 9455 of
2025 vide order dated 21.11.2025. It is contended that the present
applicant is also actively involved in the organized transportation of a
commercial quantity of contraband. The learned State Counsel further
submits that the applicant has failed to furnish any satisfactory
explanation regarding the recovery of 37 kilograms of ganja from the
vehicle. Considering the gravity and seriousness of the offence, the
quantity of contraband involved, and the rigours of the NDPS Act, it is
submitted that 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 facts and circumstances of the case, the nature and
gravity of the offence, and the quantity of contraband involved, i.e., 37
kilograms of ganja, which falls within the category of commercial
quantity under the NDPS Act, and further taking into account that the
contraband has been recovered from the co-accused and the bail
application of the co-accused has already been rejected by this Court
in MCRC No. 9455 of 2025, this Court is of the view that the present
applicant is prima facie involved in the organized transportation of a
commercial quantity of contraband. The applicant has also failed to
furnish any satisfactory explanation regarding the said recovery.
Considering the gravity and seriousness of the offence and the rigours
of the NDPS Act, this Court does not find any good ground to entertain
the present bail application. Accordingly, the bail application filed by the
applicant is hereby rejected.
7. Accordingly, the bail application of the applicant - Dilip Pradhan,
involved in Crime No. 105/2025 registered at Police Station - Tamnar,
District - Raigarh (C.G.), for the offence punishable under Section
20(B)(ii)(C) & 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985, is rejected.
- Sd/-
(Ramesh Sinha)
Chief Justice
Vaibhav
