MUKESH TIWARI @ KUNAL TIWARI v. STATE OF CHHATTISGARH
MCRC/1597/2026 · 2026-03-02
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 13329 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13329 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:11026
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1597 of 2026 Mukesh Tiwari @ Kunal Tiwari S/o Durga Tiwari Aged About 20 Years R/o Ward No. 2, Bhursidand, Chanwaridhand, Manendragarh, Distt. Manendragarh- Chirmiri-Bharatpur (C.G.)
... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Jhagrakhand, Distt. M.C.B. (C.G.)
... Non-applicant For Applicant : Mr. Parag Kotecha, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 03.03.2026
1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.94/2025, registered at Police Station: Jhagrakhand, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offences punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution case, upon receiving secret information that the applicant and one other person, Rahul Singh, were travelling on a motorcycle, they were intercepted by the police. Upon search, 50 vials of Avil injection (10 ml each) and 50 vials of Buprenorphine injection (2 ml PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.03 16:02:56 +0530
2 each) were recovered from the possession of the applicant and Rahul Singh. Hence, an offence under the aforesaid Sections has been registered against the applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that no contraband was seized from the applicant and further seizure witnesses were turn hostile. Further, the applicant has no previous criminal antecedents, the charge-sheet has been filed. The applicant is in jail since 09.07.2025. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed. She further submits that the quantity of 50 vials of Avil injection (10 ml each) and 50 vials of Buprenorphine injection (2 ml each) were recovered from the possession of the applicant and co-accused person, which is much more than the commercial quantity. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6.
Taking into consideration the fact that the quantity of contraband article i.e. which has been seized from the present applicant and other co- accused person, is much more than the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted and the trial is in progress, the bail application of applicant – Mukesh Tiwari @ Kunal Tiwari, involved in Crime No.94/2025, registered at Police Station: Jhagrakhand, District –
3 Manendragarh-Chirmiri-Bharatpur (C.G.) for the offences punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/-/-
(Ramesh Sinha)
Chief Justice Preeti