DHARAM DAS @ DHARAMRAJ YADAV v. STATE OF CHHATTISGARH
MCRC/2071/2026 · 2026-03-01
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DailyLaw.ai
[ 2026 DAILYLAW 14283 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14283 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:10743
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2071 of 2026 Dharam Das @ Dharamraj Yadav S/o- Thanuram Yadav Aged About 30 Years (Yadav Not Mentioned In Cause Title), R/o- Nevra, Sunil Nevra, P.S.- Kota, District- Bilaspur (C.G.)
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S.- Kota, District- Bilaspur (C.G.)
... Non-applicant For Applicant : Ms. Deblina Maity, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.03.2026
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. 896/2025 registered at Police Station – Kota, District – Bilaspur (C.G.), for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in a nutshell, is that on 14.09.2025 at about 13:43 hours, near the railway track under bridge at Kalmittar, Police Station Kota, District Bilaspur (C.G.), the applicant/accused, Dharamdas @ ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.02 17:52:02 +0530
2 Dharamraj Yadav, along with co-accused Sunil Sahu, was allegedly transporting Ornex Cough Syrup containing codeine illegally. From the present applicant, 30 bottles of Ornex Cough Syrup (100 ml each), allegedly containing codeine, were seized, totaling 3000 ml, and from the co-accused, 39 bottles (100 ml each), allegedly containing codeine, were seized, totaling 3900 ml. The applicant, along with the co-accused, was arrested by the concerned police ofÏcials, and a crime was registered against them. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article were not seized from the possession of the present applicant. She also submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. She further submits that the present applicant has no criminal antecedents and he is in jail since 14.09.2025 and conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4.
On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the alleged contraband article recovered from the joint possession of the present applicant and other co-accused person is much above the commercial quantity. Therefore, the present applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is alleged that the applicant, Dharamdas @ Dharamraj Yadav, along with co-accused Sunil
3 Sahu, was illegally transporting Ornex Cough Syrup containing codeine. From the applicant, 30 bottles (100 ml each), totaling 3000 ml, were seized, and from the co-accused, 39 bottles (100 ml each), totaling 3900 ml, were seized. Thus, a total of 6,900 ml of codeine-based cough syrup was recovered from their joint possession, which is above the prescribed commercial quantity. The applicant has failed to furnish any satisfactory explanation regarding the recovery. At this stage, it cannot be said to be a case of false implication. 7. Accordingly, the bail application of the applicant – Dharam Das @ Dharamraj Yadav, involved in Crime No. 896/2025 registered at Police Station – Kota, District – Bilaspur (C.G.), for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 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 forthwith. Sd/-
(Ramesh Sinha)
ChiefJustice Abhishek