Chhattisgarh HC Grants Bail To Two Men In 9.73-Kg Ganja Case, Noting Contraband Was Recovered From Co-Accused’s Exclusive Possession

The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 211/2026, registered for offences under Section 20(B) of the NDPS Act and Section 25 of the Arms Act.

The prosecution alleged that police intercepted three persons travelling by motorcycle and seized 9.730 kg of ganja from the exclusive possession of co-accused Poshan Verma.

The applicants submitted that the co-accused had been granted bail, the charge-sheet had been filed, and they had been in custody since 10 September 2026; the State opposed bail on the ground that they had remained absconding before surrendering on that date.

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

The alleged offences were under Section 20(B) of the NDPS Act and Section 25 of the Arms Act.

The Court applied its discretion on the bail application by considering the case-specific circumstances, including completion of the investigation, custody, the location of the alleged recovery, and the co-accused’s bail; it cited no precedent or further statutory test.

The Court considered that the investigation was complete and the charge-sheet had been filed, that the applicants had been in custody since 10 September 2026, and that the ganja was recovered from the exclusive possession of co-accused Poshan Verma, who had already been granted bail.

On those grounds, and without expressing an opinion on the merits, it found the case fit for regular bail.

The State’s submission that the applicants had previously absconded was noted, but did not alter the outcome.

The Court clarified that its observations were limited to the bail application and that the trial court must decide the case on its own merits.