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2026 DAILYLAW 21929 (CHH)

KRISHNA KUMAR DANSENA v. STATE OF CHHATTISGARH

MCRC/5242/2026 · 2026-06-16

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Judgment text

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1 2026:CGHC:24441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5242 of 2026 Krishna Kumar Dansena S/o Siyaram Dansena, Aged About 32 Years R/o Village Chhote Gumda, P.S. Gharghoda, District- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Malkharoda, District- Sakti (C.G.) ... Non-applicant For Applicant : Mr. Sanjeev Verma, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 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. 46/2026 registered at Police Station – Malkharoda, District – Sakti (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, on the basis of information received from an informer, it was alleged that on 02.02.2026, the present applicant, along with co-accused Dhajaram Kurre, Sikandar Gavel, and Krishna Kumar Jangde, was illegally transporting ONEREX syrup for the purpose of sale from Kharsia via Adbhar on a motorcycle and in a WagonR vehicle ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.18 17:59:15 +0530 2 bearing registration No. CG-13-BF-3626. Acting upon the said information, Inspector Praveen Rajput of Police Station Malkharoda, along with his staff, proceeded to the spot and conducted a raid. During the raid, the applicant and the aforesaid co-accused persons were allegedly found in possession of 94 bottles of ONEREX syrup, containing a total of 9 litres of narcotic substance, which is alleged to be a commercial quantity. It is further alleged that the accused persons were jointly possessing, transporting, and selling the said narcotic substance without any valid licence or authorization and in furtherance of a criminal conspiracy. Accordingly, a case was registered against the accused persons under Section 21-B of the NDPS Act. During the course of investigation, it was further revealed that the aforesaid accused persons had allegedly purchased the said narcotic substance from another accused, namely Yudhishthir Yadav, resident of Diyagarh, Police Station Lailunga, District Raigarh, Chhattisgarh. Thereafter, a charge-sheet was filed against the accused persons. The police have registered the offence punishable under Section 21-B of the NDPS Act against the present applicant. 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. He also submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. He further submits that the present applicant has no criminal antecedents and he is in jail since 02.02.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application of 3 the present applicant and submits that the alleged contraband article, i.e., 94 bottles of ONEREX syrup containing a total of 9 litres of narcotic substance, was recovered from the joint possession of the present applicant and the other co-accused persons. It is further submitted that the quantity recovered is much above the commercial quantity prescribed under the NDPS Act. 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, along with the other co-accused persons, was illegally transporting ONEREX cough syrup, and a total of 9 litres of narcotic substance was recovered from their joint possession, which is above the prescribed commercial quantity. The applicant has failed to furnish any satisfactory explanation regarding the said recovery. At this stage, it cannot be said that this is a case of false implication. 7. Accordingly, the bail application of the applicant – Krishna Kumar Dansena, involved in Crime No. 46/2026 registered at Police Station – Malkharoda, District – Sakti (C.G.), for the offence punishable under Section 21(B) 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. Office 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