Chhattisgarh High Court
Criminal LawCriminal Procedure and Evidence

Commercial-quantity NDPS bail denied where call records connect the accused to the offence.

ROHIT KUCHBADIYA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Commercial-quantity NDPS bail denied where call records connect the accused to the offence.. ROHIT KUCHBADIYA vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

On 18 April 2026, police seized 20 kg of ganja from the alleged joint possession of three co-accused.

Source reference: para. 2

The applicant was implicated through the co-accused persons’ memorandum statements; the State also relied on call detail records said to connect him with the offence.

Source reference: para. 2, 4

He sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, submitting that he had no criminal antecedents, the charge-sheet had been filed, he had been in custody since 20 June 2026, and trial would take considerable time.

Source reference: para. 1, 3

The State opposed bail, relying on the commercial quantity seized and the rejection of bail applications by two co-accused.

Source reference: para. 4
02

Issues

1. Whether the applicant should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of the allegations and material relied on by the State.

Source reference: para. 1, 4, 6

2. Whether the commercial quantity of ganja and the resulting rigours of Section 37 of the NDPS Act precluded the applicant’s release on bail.

Source reference: para. 4, 6
03

Law Applied

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.

Source reference: para. 1

The alleged offences were under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023.

Source reference: para. 1

The Court treated the seized 20 kg of ganja as commercial quantity and applied the stringent conditions under Section 37 of the NDPS Act to the bail assessment.

Source reference: para. 4, 6

No judicial precedent was cited.

Source reference: no citation
04

Reasoning

The Court considered the commercial quantity seized, the statutory rigours under Section 37 of the NDPS Act, the rejection of two co-accused persons’ bail applications, and the call detail records said to connect the applicant to the crime.

Source reference: para. 6

On those grounds, it was not inclined to grant bail, notwithstanding the applicant’s submissions concerning his lack of antecedents, custody, and the filing of the charge-sheet.

Source reference: para. 3, 6
05

Holding

The Court rejected the applicant’s regular bail application in connection with Crime No. 257/2026, registered at City Kotwali Police Station, Bilaspur, for offences under Sections 20(b) and 29 of the NDPS Act and Section 111(2)(b) of the BNS.
06

Acts & Sections Cited

5 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Narcotic Drugs and Psychotropic Substances Act, 19853

Bharatiya Nyaya Sanhita, 20231

Chhattisgarh High Court

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ROHIT KUCHBADIYAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 30, 2026

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