[Cites 4, Cited by 0]
Chattisgarh High Court
Dutta @ Duttotray Mishra vs State Of Chhattisgarh on 19 March, 2026
1
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,
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.
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.
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
