01Facts
On 8 February 2026, Police Station Urla, District Raipur, allegedly received secret information concerning transportation and sale of ganja and intercepted the applicants along with other accused persons.
¶ 2The prosecution alleged recovery of 5.014 kg of ganja from Applicant No. 1, Sandeep Kesharwani, and approximately 5.082 kg from Applicant No. 2, Chandrika Uraon, from separate bags.
¶ 2Recoveries were also allegedly made from other co-accused, resulting in an aggregate seizure of approximately 40.446 kg of ganja.
¶ 2Crime No. 38/2026 was registered under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the applicants were arrested on the same date.
¶ 2The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that the recoveries attributed to them were separate, that they had no criminal antecedents, and that they had remained in custody since 8 February 2026.
¶ 3The State opposed bail, relying on the aggregate quantity seized and alleging the applicants’ involvement in an organised activity relating to the illegal transportation and sale of ganja.
¶ 402Issues
i.Whether the applicants were entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Section 20(b) of the NDPS Act?
¶ 1, 6–7ii.Whether the separate quantities allegedly recovered from each applicant should be assessed independently for bail purposes, or considered along with the aggregate recovery of 40.446 kg allegedly seized from all accused persons?
¶ 2–4, 603Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail, and Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, relating to offences involving ganja.
¶ 1, 4, 6In assessing bail, the Court considered the nature and gravity of the allegations, the quantity of contraband allegedly seized, the applicants’ attributed role, and the prosecution’s allegation of organised criminal activity.
¶ 1, 4, 6The Court treated the total alleged seizure of 40.446 kg and the applicants’ alleged connection with the larger operation as relevant circumstances against bail.
¶ 1, 4, 6Provisions in the judgment · 2 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Narcotic Drugs and Psychotropic Substances Act, 1985 Section 20
04Reasoning
Although the applicants argued that only 5.014 kg and approximately 5.082 kg were separately attributed to them and that the recoveries could not be mechanically aggregated absent proof of conscious and joint possession, the Court placed emphasis on the overall prosecution case.
¶ 3–4, 6It considered the aggregate seizure of 40.446 kg, including the quantities allegedly recovered from the applicants, together with the allegations that the applicants were involved in an organised activity concerning transportation and sale of ganja.
¶ 3–4, 6On that assessment of the gravity of the allegations and the case diary, the Court held that the applicants did not merit the grant of bail.
¶ 605Holding
The Court rejected the applicants’ first regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 38/2026 registered at Police Station Urla, Raipur, for an offence under Section 20(b) of the NDPS Act.
¶ 7The trial court was directed to proceed with and conclude the trial expeditiously, and a certified copy of the order was directed to be sent to the trial court for information and compliance.
¶ 8–9Original Court PDF
SANDEEP KESHARWANIvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
