SWADHIN KUMAR NAYAK vs STATE OF CHHATTISGARH

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CGHC010334662026 2026:CGHC:38861
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8148 of 2026
1 - Swadhin Kumar Nayak S/o Ramkrishna Nayak Aged About 54 Years
R/o Padarpada, Police Station Manamunda District Boudh (Odisha)
Applicant (s)
versus
1 - State Of Chhattisgarh Through, P.S.- Sariya, District Sarangarh
Bilaigarh, (C.G.)
Respondent(s)
For Applicant (s) : Mr. Ashish Gupta, Advocate
For Respondent(s) : Ms. Anusha Nayak, Dy. GA
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02.09.2026
1. This is the first bail application filed under Section 483 of Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant, who has been arrested in connection with Crime
No.71/2026, registered at Police Station Sariya, District
Sarangarh-Bhilaigarh (C.G.) for the offence punishable under
Digitally
signed
by R
NIRALA
Section 20 (b) of NDPS Act.

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2. The case of the prosecution, in brief, is that on 07.04.2026
information has been received by the Police of police station
Sariya through the informant that driver of the Swift desire Car
bearing registration No. OD02BV-7653 and holder of the Sim
No. 6266226908 was transporting the Ganja from Odisha to Sakti
Janjgir on the basis of above information police party has
reached the village Borida, main road Bagicha near pond after
sometime the said swift desire car was coming from Odisha to
Sariya, police tried to stopped the vehicle but driver of the said
vehicle was ran away from the spot due to which police has
seized the car and found 62.245 Kg Ganja from the dicky of the
car during the course of investigation police has arrested the co-
accused namely Suryaprakash Chandra and recorded the
memorandum statement, On the basis of memorandum and also
tracking the Mobile No. 6370888028 present applicant has been
involved in the present case and crime has been registered
against the applicant and other accused persons and they were
arrested.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in crime in question. He
further submitted that the applicant has been roped only on the
basis of the memorandum statement of the other co-accused and
no recovery of ganja has been made from the possession of the
applicant, whereas the same was recovered from the possession
of the co-accused. He further submitted that the applicant is in jail

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since 09.07.2026, he has no criminal antecedents, charge sheet
has been filed and trial is likely to take quite long time for its
conclusion, therefore, he prays that the applicant be released on
regular bail.
4. On the other hand, learned State counsel opposes the bail
application of the applicant and submits that the huge quantity of
contraband i.e. 62 kg was recovered from the possession of the
accused which is above the commercial quantity as such the
applicant is involved in a very serious offence, therefore, he is not
entitled to be released on bail.
5. I have heard learned counsel for the parties and perused all the
documents available on record.
6. Taking into consideration the facts and circumstances of the
case, nature and gravity of the offence and further considering
that the huge quantity of the contraband i.e. 62 kg, which is much
more above the commercial quantity, has been recovered from
the possession of the co-accused, on whose memorandum the
applicant has been arrested as such the applicant also appears
to be involved in the said offence, therefore, I am not inclined to
release the applicant on regular bail at this stage.
7. Accordingly, the instant bail application of the applicant Swadhin
Kumar Nayak , involved in Crime No.71/2026, registered at
Police Station Sariya, District Sarangarh-Bhilaigarh (C.G.) for the

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offence punishable under Section 20 (b) of NDPS Act, is
rejected .
Sd/-
(Ramesh Sinha)
Chief Justice
Nirala