Chhattisgarh HC Grants Bail To Man Named As Intended Recipient Of 11.64 Kg Ganja Seized From Co-Accused, Citing Parity And Sub-Commercial Quantity

On 4 September 2024, NCB officers and an RPF team searched the Puri–Durg Express and seized 11.640 kg of ganja from co-accused Saudagar Kumbhar.

Kumbhar allegedly stated that the ganja had been supplied by co-accused Khemraj Mehar for delivery to Mukesh Modi, and that he had previously delivered ganja to Modi on Mehar’s instructions.

Modi was arrested on 24 April 2025 and charged under Sections 8/20 and 29 of the NDPS Act.

He sought regular bail under Section 483 of the BNSS, relying on the co-accused’s statement, the quantity seized being below commercial quantity, parity with the co-accused who had been granted bail, his custody, and the progress of the trial.

The prosecution opposed bail, citing his similar criminal antecedents.

The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for the High Court’s or Court of Session’s power to grant bail.

The alleged offences were under Sections 8/20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Court assessed the bail request by considering the nature of the allegations, the quantity of contraband, parity with co-accused, criminal antecedents, length of custody, and progress of the trial.

No separate precedent or statutory test was cited in the order.

The Court noted that the 11.640 kg of ganja—less than commercial quantity—was seized from Kumbhar, and that Modi’s alleged involvement rested on Kumbhar’s memorandum statement.

It also considered that both Kumbhar and Mehar had been granted bail, supporting Modi’s claim of parity.

Although the Court took account of Modi’s antecedents, including one pending similar case, it also noted his custody since 24 April 2025 and that nine of the twelve prosecution witnesses had been examined.

On balance, it considered bail justified without expressing any view on the merits of the case.

It directed that Modi be released on executing a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court.

Bail was subject to conditions that he not influence or dissuade persons acquainted with the case facts, not prejudice a fair and expeditious trial, and appear before the trial Court on every date until disposal of the trial.