Facts
The applicants (Rajababu Mali, Dablu Banskaar, and Mohit Jaiswal) were arrested in connection with Crime No. 374/2025
Source reference: p. 2On August 5, 2025, police acted on secret information and apprehended Dablu Banskaar and Mohit Jaiswal near District Hospital, Durg. A search yielded 11.490 kg of ganja from Jaiswal and 9.770 kg from Banskaar, totaling 21.260 kg
Source reference: p. 3While no physical contraband was recovered from Rajababu Mali, the prosecution alleged he was involved in the illegal sale in connivance with the others
Source reference: p. 3The applicants sought regular bail, contending they were falsely implicated, that search/seizure mandates were not followed, and that the trial would be protracted
Source reference: p. 4Issues
1. Whether the applicants are entitled to regular bail under Section 483 of the BNSS considering the recovery of commercial quantities of contraband and allegations of conspiracy
Source reference: p. 5/para. 8Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Source reference: p. 2Narcotic Drugs and Psychotropic Substances (NDPS) Act, specifically Sections 20(b), 20(B)(ii)(C), and 21(a)
Source reference: p. 3The court adhered to the restrictive bail regime under the NDPS Act, which mandates stringent consideration when the quantity of the seized drug exceeds the "commercial quantity" threshold as notified under the Act
Source reference: p. 5Reasoning
The court observed that the total seizure of 21.260 kg of Ganja exceeds the commercial quantity threshold defined by the NDPS Act
Source reference: p. 4Regarding the co-accused from whom no physical recovery was made (Rajababu Mali), the court noted his alleged role in facilitating the illegal sale in connivance with the principal offenders
Source reference: p. 5The court rejected the defense's plea of false implication, characterizing the incident as an "organized crime"
Source reference: p. 5Furthermore, the court noted that applicant Mohit Jaiswal had a prior criminal record
Source reference: p. 5The court found that the applicants failed to provide a "plausible explanation" for the recovery or their involvement to overcome the gravity of the charges at the bail stage
Source reference: p. 5Holding
The court held that given the commercial quantity involved and the nature of the organized crime, the applicants did not merit release.
The High Court rejected the bail applications of all three applicants and the trial court was directed to proceed and conclude the trial expeditiously
Source reference: p. 6/para. 10Original Court PDF
RAJABABU MALIvsSTATE OF CHHATTISGARH
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