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2026 DAILYLAW 23809 (CHH)

RAJU DIWAKAR v. STATE OF CHHATTISGARH

MCRC/5739/2026 · 2026-06-29

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Judgment text

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1 2026:CGHC:26633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5739 of 2026 Raju Diwakar Son Of Jeetram Diwakar Aged About 35 Years Resident Of Saragaon, Police Station Saragaon, District Janjgir-Champa (C.G.) ... Applicant (s) versus State Of Chhattisgarh Through Station House Officer, Police Station House Officer, Police Station Champa, District Janjgir-Champa (C.G.) ... Non-Applicant (s) For Applicant : Shri Vivek Singhal, Advocate. For Non-Applicant : Shri Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/06/2026 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.222/2026 registered at Police Station – Champa, District Janjgir Champa (C.G.), for offence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in a nutshell, is that on perusal of the case, it prima facie reveals that on 11.05.2026 a total of 25 pieces of Wincerex KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.01 10:51:43 +0530 2 Cough syrup, totaling 2500 mg, were recovered and seized from the possession of the applicant. A perusal of the case records further prima facie reveals the involvement of the applicant in the alleged crime. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband articles 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 3 criminal antecedents registered in the year 2023, 2024 & 2025 under the Excise Act and he is in jail since 11.05.2026 and conclusion of trial may take some time, therefore, he 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 possession of the present applicant 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 and the fact that 2500 mg of Wincerex Cough syrup, were recovered and seized from the possession of the applicant, which is above the prescribed commercial quantity and the applicant has failed to furnish any satisfactory explanation regarding the recovery and that applicant has 3 criminal antecedents registered in the year 2023, 2024 & 2025 under 3 the Excise Act, at this stage, it cannot be said that this is a case of false implication. 7. Accordingly, the bail application of the applicant – Raju Diwakar, involved in Crime No.222/2026 registered at Police Station – Champa, District Janjgir Champa (C.G.), for 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) Chief Justice Barve