RAJAN KUCHWADIYA v. THE UNION OF INDIA THROUGH NCB
B.A./2150/2026 · 2026-04-21
Anil Kumar Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11466 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11466 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:11595 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2150 of 2026
------ Rajan Kuchwadiya, aged about 24 years, s/o Lakshman Kuchwadiya, r/o Village-Devendra Nagar, P.O.-Badagaon, P.S.-Devendra Nagar, Dist.-Panna, Madhya Pradesh
… Petitioner
Versus The Union of India through NCB … Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Rahul Pandey, Advocate
: Ms. Aayushi Aman, Advocate
: Ms. Arti Kumari, Advocate For the NCB
: Mr. Prashant Pallav, ASGI
: Ms. Shreya Shukla, AC to ASGI ------
Order No.03 Dated- 21.04.2026
Heard the parties.
The petitioner has moved this Court for grant of bail in connection with NCB Crime No.01/NCB/Ranchi/2024 (NDPS Case No. 17 of 2024) registered for the offences punishable under sections 8(c)/21(c)/29 of N.D.P.S. Act.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in purchase and sell of cough syrup containing codeine in commercial quantity and 150 bottles of Phensedyl Syrup each containing 100 ml was recovered from the conscious possession of the petitioner. It is further submitted that the allegations against the petitioner are all false and during the trial three witnesses have been examined and they have supported the case of the prosecution but the petitioner has not filed the deposition of the witnesses examined. It is then submitted that the petitioner has been in custody since 28.02.2024, as has been mentioned in paragraph no. 01 of the bail application. Hence, it is submitted that the petitioner be admitted to bail.
The learned counsel for NCB on the other hand opposes the prayer for bail and submits that keeping in view the recovery of
syrup containing codeine in commercial quantity, the rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is attracted in this case and in the absence of any material to suggest that there are reasonable grounds for believing that the petitioner is not guilty of the offence and that he is not likely to commit any offence while on bail more so, as there also is every chance of the petitioner absconding or tampering with evidence if released on bail, the petitioner ought not to be admitted to bail.
Considering the serious nature of allegation against the petitioner and recovery cough syrup containing codeine in commercial quantity and in the absence of any material to suggest that there are reasonable grounds for believing that the petitioner is not guilty of the offence and that he is not likely to commit any offence while on bail as also there is every chance of the petitioner absconding or tampering with evidence if released on bail, this Court is of the considered view that this is not a fit case where the abovenamed petitioner be admitted to bail. Accordingly, the prayer for bail of the abovenamed petitioner is rejected at this stage.
(Anil Kumar Choudhary, J.)
21.04.2026 Gunjan-