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2026 DAILYLAW 21755 (CHH)

SHABAZ HUSSAIN ALIAS SIBBU v. STATE OF CHHATTISGARH

MCRC/4900/2026 · 2026-06-16

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Judgment text

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1 2026:CGHC:24483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No. 4900 of 2026 Shabaz Hussain Alias Sibbu S/o Aamin Iqbal Aged About 40 Years R/o Rajiv Gandhi Chowk, Thana Civil Lines, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District Bilaspur Chhattisgarh ...Non-applicant _____________________________________________________ For Applicant :Mr. Virendra Verma along with Mr. Abhinav Shrivastava, Advocates. For Non-applicant/State :Ms. Sameeksha Gupta, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.06.2026 1. This is the 2nd 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.485/2025 registered at Police Station – Civil Lines, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.06.18 14:49:01 +0530 2 District- Bilaspur (C.G.), for the offence under Section 21(C) of NDPS Act. Earlier application was rejected on merits vide order dated 04.12.2025 passed in M.Cr.C No.9892/2025. 2. According to the case of prosecution case, acting on secret information, the police intercepted a Tata Safari Storme bearing registration No. CG-10-AI-7361 near Rajiv Gandhi Chowk, Bilaspur, on suspicion that it was carrying psychotropic substances. During the search, 30 bottles of Codeine-based Onrex Cough Syrup (100 ml each), totaling 3000 ml, were allegedly recovered from the possession of the present Applicant. On the basis of the said report, the police registered an offence as mentioned above against the present Applicant. Hence, this application. 3. Learned counsel for the Applicant submits that the present Applicant is innocent and has been falsely implicated in this case. He further submits that the present Applicant has no previous criminal antecedents with regard to NDPS Act, the seizure witnesses have turned hostile, he is behind the bars since 30.04.2025 and the trial is likely to take considerable time, therefore, he may be granted regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the trial is presently underway. It is argued that the Applicant's earlier bail application was 3 rejected on merits, taking into consideration that the contraband recovered from his possession was of commercial quantity. It is further submitted that the Applicant had challenged the said order before the Hon'ble Supreme Court by filing SLP (Cri.) No.20869/2025, which was disposed of on 10.02.2026 with liberty to renew the prayer for bail only if the trial was not concluded within the next six months. Since the said period has not yet expired, it is contended that no change in circumstances has occurred warranting reconsideration of the applicant's prayer for bail. 5. Having heard learned Counsel for the parties and considering the facts and circumstances of the case, particularly the fact that the Applicant's earlier bail application was rejected on merits, the contraband allegedly recovered is of commercial quantity and the liberty granted by the Hon'ble Supreme Court to renew the prayer for bail after six months has not yet matured, this Court is not inclined to grant bail to the Applicant, at this stage. Accordingly, the bail application is rejected. 6. Accordingly, the bail application of the Applicant – Shabaz Hussain Alias Sibbu involved in Crime No.485/2025 registered at Police Station – Civil Lines, District- Bilaspur (C.G.), for the offence under Section 21(C) of NDPS Act, is 4 hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya