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2026 DAILYLAW 13528 (CHH)

SHANSKAR KHANDEKAR v. STATE OF CHHATTISGARH

MCRC/1154/2026 · 2026-02-02

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Judgment text

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1 2026:CGHC:6037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1154 of 2026 Shanskar Khandekar S/o Shyamlal Khandekar Aged About 20 Years R/o Village- Paraghat, P.S. Masturi, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station- Masturi, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 424/2025 registered at Police Station Masturi, District - Bilaspur (C.G.), for the offence punishable under Sections 21(सी) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, in brief, on 29.06.2026, the police received a tip-off that three persons were selling narcotic cough syrup near Jhiria Temple, Bilaspur, while riding a CD Deluxe motorcycle bearing registration No. CG-10-AT-3059. Acting upon the said information, a raid was conducted, and the accused Bhupendra Sahu and others were ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.04 14:23:35 +0530 2 apprehended and searched. During the search, a black bag was recovered from their joint possession, containing 35 bottles of RX Codeine Phosphate “Onerex” cough syrup, each bottle containing 100 ml, totaling approximately 2500 ml/2500 grams, which is a commercial quantity and requires a doctor’s prescription. The said contraband was seized, samples were drawn, and a panchnama was prepared in accordance with law. As the said act constitutes offences punishable under Sections 21(c) and 29 of the NDPS Act, Crime No. 424/2025 was registered at Police Station Masturi, and the accused were arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the applicant never involved in any commission of crime as the contraband psychotropic substance was not seized from the exclusive possession of applicant. He also submits that the present applicant has no criminal antecedents and he is in jail since 29.06.2025, conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the bail application of the other co-accused person namely, Bhupendra Sahu has already been rejected by this Court in MCRC No. 7538 of 2025 vide order dated 19.09.2025. She further submits that on receiving secret information that three persons were selling narcotic cough syrup near Jhiria Temple, Bilaspur, while travelling on a CD Deluxe motorcycle bearing registration No. CG-10-AT-3059, the police conducted a raid and apprehended Bhupendra Sahu and others. A search led to the recovery of a black bag from their joint possession containing 35 bottles of RX Codeine Phosphate “Onerex” cough syrup, each of 100 ml, totalling 3 about 2,500 ml/2,500 grams, which is a commercial quantity. Despite separate seizures, the material on record prima facie shows that the applicant, along with the co-accused, was involved in transporting the contraband, indicating that it is an organized crime. As such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Upon perusal of the case diary, it transpires that, on receiving secret information that three persons were selling narcotic cough syrup near Jhiria Temple, Bilaspur, while travelling on a CD Deluxe motorcycle bearing registration No. CG-10-AT-3059, the police conducted a raid and apprehended Bhupendra Sahu and others. A search resulted in the recovery of a black bag from their joint possession containing 35 bottles of RX Codeine Phosphate “Onerex” cough syrup, each of 100 ml, totalling about 2,500 ml/2,500 grams, which is a commercial quantity. Despite separate seizures, the material on record prima facie indicates that the applicant, along with the co-accused, was involved in transporting the contraband, suggesting an organized activity. Further, the bail application of the co-accused, Bhupendra Sahu, has already been rejected by this Court in MCRC No. 7538 of 2025 vide order dated 19.09.2025. Therefore, I am not inclined to grant regular bail to the present Applicant. 7. Accordingly, the bail application of the applicant - Shanskar Khandekar involved in Crime No. 424/2025 registered at Police Station Masturi, District - Bilaspur (C.G.), for the offence punishable under Sections 21(सी) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek