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2026 DAILYLAW 18046 (CHH)

LAKSHYA PARIFAL RAGHAV v. STATE OF CHHATTISGARH

MCRC/2028/2026 · 2026-02-26

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Judgment text

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1 2026:CGHC:10308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2028 of 2026 Lakshya Parifal Raghav S/o Sorilal Raghav Aged About 22 Years R/o Telibandha, Raipur, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, P.S. Tikrapara, Distt. Raipur, Chhattisgarh. ---- Non-applicant(s) For Applicant : Ms. Divya Sahu, Advocate. For Non-Applicant : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.02.2026 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. 600/2025 registered at Police Station- Tikrapara, District Raipur (C.G.) for the offence punishable under Section 21(c) and 29 of the NDPS Act. 2. The case of the prosecution, in brief, is that on 03.08.2025, Police Station Tikrapara received information from an informant that Suvit KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Srivastava was waiting for customers, along with two other persons, in front of EWS-B Block, House No. 504, Sector-04, Kamal Vihar Sky Villa, within the jurisdiction of Police Station Tikrapara, for the purpose of selling narcotic substance heroin ("chitta"). Acting upon the said information and in compliance with the provisions of the NDPS Act, a raid was conducted. During the raid at the said house, Suvit Srivastava, Lavjeet Singh and Ashwan Chandravanshi were found present. Their memorandum statements were recorded and their personal search, as well as the search of their bags and the room, was conducted. From the possession of Suvit Srivastava, 10.23 grams of chitta, three mobile phones, a cheque book, an ATM card, a portable weighing machine used for weighing chitta, one bundle of aluminium foil, a lighter, one burnt rolled ₹500 currency note and the creta car used in the commission of the offence were seized. From accused Lavjeet Singh, 402.64 grams of chitta packed in three transparent polythene packets, two mobile phones and a railway ticket were seized. From Ashwan Chandravanshi, one mobile phone was seized. Thereafter, a crime was registered and investigation was commenced. During investigation, on 04.08.2025, Lakshya Parifal Raghav alias Love, Aniket Maladhare, Manoj Seth, Mukesh Singh, Rajvinder Singh and Junaid Khan alias Sheikh Chilla were arrested. During interrogation, it was revealed that Mukesh Singh had been consuming chitta for the past five years and was acquainted with Vijay Sinha and Lavjeet Singh alias Bunty, a resident of Punjab. 3 After Vijay Sinha was jailed, Mukesh Singh went to Punjab along with Suvit Srivastava and purchased 70 grams of chitta from Lavjeet Singh for the first time and brought it to Raipur for sale. Thereafter, Suvit Srivastava along with Mukesh Singh, Ashwan Chandravanshi and Lakshya Parifal Raghav went to Delhi in the Creta car and purchased 150 grams of chitta from Lavjeet Singh alias Bunty. Subsequently, Lavjeet Singh alias Bunty visited Raipur and supplied approximately 300 grams of chitta to Suvit Srivastava and Mukesh Singh. On the date of the incident i.e. 03.08.2025, 402 grams of chitta were seized during the raid conducted at House No. 504, Kamal Vihar, the residence of Suvit Srivastava. The online payments for the sale of chitta were received in the bank accounts of Ashwan Chandravanshi, namely HDFC Bank Account No. 502001067747292, Bandhan Bank Account No. 50200033986056 and SBI Bank Account No. 30763178459. Evidence has been found showing transactions of approximately ₹1 crore relating to the sale of chitta in the aforesaid bank accounts. Transactions relating to the sale proceeds of chitta were also found in the Jana Small Finance Bank account provided by Rajvinder Singh. From these accounts, Suvit Srivastava transferred money to his IDBI Bank Account No. 1707104000006446 and thereafter transferred funds from his own account as well as from the accounts of Ashwan Chandravanshi to the Canara Bank and NSDL Bank accounts of Lavjeet Singh alias Bunty. In this manner, Suvit Srivastava carried out the business of purchasing and selling chitta along with his associates. Suvit Srivastava used the ATM card and password of 4 Lakshya Parifal Raghav alias Love to withdraw cash from the bank accounts of Ashwan Chandravanshi as per his instructions, and the said money was spent among themselves on food, drinks and a luxurious lifestyle. Upon the disclosure statement of accused Lavjeet Singh alias Bunty, the iPhone recovered from his possession was examined. Upon inspection of the contact list, it was found that Lavjeet Singh alias Bunty had engaged in video and voice calls with foreign numbers including Nepal, the United Kingdom, Indonesia, Pakistan and Saudi Arabia. Investigation is also being conducted regarding the supply network of heroin outside India. The accused persons had spread their chitta business throughout Raipur through their WhatsApp numbers, thereby trapping a large number of youth and even children in their network. Thus, from a prima facie perusal of the case diary, it appears that in the said offence of Police Station Tikrapara, a total of 412 grams and 87 milligrams of illegal narcotic substance heroin ("chitta"), valued at ₹41,20,000/-, was seized. The involvement of Mukesh Singh, Lakshya Parifal Raghav, Ashwan Chandravanshi and Rajvinder Singh in the alleged offence is prima facie established. The applicant, along with other co-accused persons, conspired in an organized manner to purchase and sell chitta, expand the network and obtain financial gain. After completion of the entire investigation, the charge-sheet has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has neither committed nor participated in the alleged offence and has been falsely implicated by the police. It is further 5 submitted that no contraband has been recovered from the possession of the applicant and all the alleged recoveries of narcotic substance (heroin/"chitta") were made from the co-accused persons. The alleged role of the applicant is only ancillary in nature, such as accompanying the co-accused persons or facilitating withdrawal of money from bank accounts, which does not prima facie establish his involvement in possession, procurement or sale of contraband so as to attract Section 21(c) of the NDPS Act. It is further submitted that the entire case against the applicant is based upon memorandum and disclosure statements of co-accused persons recorded during investigation under Section 67 of the NDPS Act, which are inadmissible in evidence in view of the law laid down by the Hon’ble Supreme Court in Toofan Singh vs. State of Tamil Nadu, and in absence of any independent corroborative material, no prima facie case is made out against the applicant. He further submits that except such inadmissible statements, there is no tangible evidence linking the applicant with the alleged offence and even the alleged bank transactions or ATM withdrawals do not establish conscious involvement in narcotic trafÏcking or criminal conspiracy. It is also submitted that the applicant is a young person aged about 22 years, having no previous criminal antecedents and is in custody since 04.08.2025, and therefore he prays for grant of bail. 4. Learned State Counsel opposes the bail application and submits that from a prima facie perusal of the case diary and the material collected during investigation, the involvement of the present 6 applicant in the alleged offence is clearly established. It is submitted that acting on credible information received on 03.08.2025, the police conducted a raid at House No. 504, Sector-04, Kamal Vihar Sky Villa, within the jurisdiction of Police Station Tikrapara, where co-accused Suvit Srivastava, Lavjeet Singh and Ashwan Chandravanshi were found present and from their possession a total of 412 grams and 87 milligrams of heroin ("chitta"), which is commercial quantity, valued at ₹41,20,000/-, was seized. Therefore, the stringent provisions of Section 37 of the NDPS Act are clearly attracted in the present case. It is further submitted that during the course of investigation, it has been revealed that the present applicant, along with other co-accused persons, was actively involved in an organized racket engaged in the purchase and sale of heroin and expansion of the drug network in Raipur. The material collected during investigation shows that the applicant was not a mere bystander but was an active participant in the conspiracy and had assisted the main accused persons in carrying out the illegal trade of narcotic substances. The applicant was closely associated with the co-accused persons and had accompanied them during procurement and distribution of the contraband substance. She further submits that the investigation has revealed that the sale proceeds of narcotic substances were routed through various bank accounts, including the accounts of co-accused Ashwan Chandravanshi and Rajvinder Singh and substantial financial transactions amounting to approximately ₹1 crore have been detected. The applicant had actively assisted the co-accused 7 persons in operating such bank accounts and in withdrawing cash through ATM cards for the purpose of furthering the illegal business of narcotic trafÏcking. Such acts clearly indicate his conscious involvement and active participation in the organized drug trafÏcking network. It is further submitted that the investigation has also revealed inter-state and possible international links in the supply chain of heroin, as co-accused Lavjeet Singh alias Bunty was found to be in contact with foreign numbers including Nepal, the United Kingdom, Indonesia, Pakistan and Saudi Arabia, and further investigation in this regard is still underway. The accused persons had spread their illegal narcotic trade throughout Raipur by using WhatsApp and other electronic means and had trapped a large number of youths and even minor children in their network, thereby causing serious harm to society. She further submits that merely because no direct recovery has been made from the possession of the applicant, the same is not a ground for grant of bail, as the applicant is liable under Sections 21(c) and 29 of the NDPS Act for criminal conspiracy and active participation in the illegal trade of narcotic substances. The material available on record clearly shows that the applicant was an integral part of the organized drug trafÏcking network and had knowingly assisted the co-accused persons in carrying out the illegal activities. It is further submitted that in view of the commercial quantity of contraband seized in the present case, the rigours of Section 37 of the NDPS Act are fully applicable and the applicant has failed to make out any reasonable grounds for 8 believing that he is not guilty of the alleged offence or that he is not likely to commit any offence while on bail. Further the bail application of the co-accused namely Shishir Rai has already been rejected by this Court in MCRC No. 7965/2025, vide order dated 23.02.2026. As such, considering the gravity and seriousness of the offence, the commercial quantity of contraband seized, the organized nature of the crime and the active involvement of the applicant, she prays that the present bail application deserves to be rejected. 5. Considering the facts and circumstances of the case, nature and gravity of the offence, the commercial quantity of contraband seized i.e. 412 grams and 87 milligrams of heroin ("chitta") valued at ₹41,20,000/-, the material available in the case diary indicating the involvement of the present applicant in an organized drug trafÏcking network along with other co-accused persons, as well as the rigours of Section 37 of the NDPS Act, this Court is of the opinion that there are no reasonable grounds to believe that the applicant is not guilty of the alleged offence or that he is not likely to commit any offence while on bail. It is also noteworthy that the bail application of co- accused Shishir Rai has already been rejected by this Court in MCRC No. 7965/2025 vide order dated 23.02.2026, and therefore the present applicant is also not entitled to bail on the ground of parity. Hence, this Court does not find it to be a fit case to grant bail to the present applicant. 6. Accordingly, the bail application filed by the applicant is hereby rejected. 9 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal