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2026 DAILYLAW 24844 (CHH)

DAYAL KUMAR UDASI v. STATE OF CHHATTISGARH

MCRC/5881/2026 · 2026-07-02

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 2 2026:CGHC:27483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5881 of 2026 • Dayal Kumar Udasi S/o Late Bhai Aasandas Udasi Aged About 41 Years R/o In Fornt Of Narwani Vakil House, Gali No. 03, Telibandha, Raipur, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, Raipur, District Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. B.L. Sahu, Advocate For Respondent-State : Mr. Atanu Ghosh, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 03/07/2026 1. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 133/2026 registered at Police Station – Kotwali, District Raipur (C.G.) for offence punishable under Section 22(C) and 29 of the N.D.P.S. Act. 2. Case of prosecution in brief is that on 21.03.2026 on the basis of secret information, police station Kotwali Raipur reached the spot and upon inspection found 1100 nos. of Alprazolam Tablet weighing 132 gram from possession of co-accused Kayamuddin and on his memorandum statement applicant was intercepted, during search, police seized 600 nos. of Alprazolam tablet weighing 72 gram from possession of applicant. Based on PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 2 the seizure aforesaid crime was registered and applicant was arrested on same day. 3. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the instant case. He has not committed any offence as alleged. Applicant has been made accused only on the memorandum statement of co-accused Kayamuddin. He submits that seizure has been shown from present applicant of 72 gram of Alprazolam Tablet. He contended that according to the notification issued under clauses vii(a) and xxiii(a) of Section 2 of the NDPS Act, commercial quantity of Alprazolam Tablet is mentioned as 100 gram and above, whereas seizure which is shown from applicant is only 72 gram. Applicant is in jail since 21.03.2026 and therefore he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that when on the basis of secret information police reached on the spot, co-accused Kayamuddin was found selling Alprazolam Tablet and upon inspection he named present applicant and when applicant is searched 600 numbers of Alprazolam Tablets has been seized from his exclusive possession. He also pointed out that there is one criminal antecedent against applicant of similar nature of the year 2019. 5. I have heard learned counsel for the parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, and further that applicant has been earlier involved in the similar nature of offence, I do not find present to be a fit case to allow this application at this stage. 7. Accordingly, this bail application is dismissed. Sd/- (Parth Prateem Sahu) pwn JUDGE