Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 26927 (CHH)

DHIMAN MAJUMDAR v. STATE OF CHHATTISGARH

MCRC/6257/2026 · 2026-07-13

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010263952026 2026:CGHC:29648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6257 of 2026 Dhiman Majumdar S/o Shri Kishore Kumar Majumdar Aged About 26 Years R/o Krishna Nagar, Near Sai Diagnostic Hospital, Police Station Tikrapara, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Purani Basti, District Raipur Chhattisgar ... Non-applicant For Applicant :Mr. Pragalbha Sharma, Advocate. For Non-applicant/State :Mr. Shailendra Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.07.2026 1. This is the 1st 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.10/2026 registered at Police Station – Purani Basti, Raipur (C.G.), for the offence under Sections 22(C) & 29 of SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.15 10:44:46 +0530 2 NDPS Act. 2. According to the prosecution story, on 05.01.2026, on receiving secret information that a person was carrying intoxicant tablets for sale near Maharajbandh Talab, Purani Basti, Raipur, the police, after complying with the mandatory provisions of the NDPS Act, conducted a raid and apprehended co-accused Kanha Krishna Kashyap, from whose possession 3200 tablets of NRX Alprazolam Tablet IP 0.50 mg, weighing 416 grams, were allegedly seized. During investigation, on the basis of his memorandum statement, the police intercepted Tata Safari car bearing registration No. CG- 04/QC-0513 near Neelkantheshwar Temple, Mathpara and allegedly seized from the possession of the present Applicant and co-accused Anand Sharma, 4800 tablets of NRX Alprazolam weighing 624 grams, 6400 tablets of NRX Alprazolam weighing 832 grams and 672 tablets of Nrx Spasmo Proxyvon Plus weighing 87.36 grams and the vehicle was also seized. It is further alleged that other co- accused persons namely Rahul Verma and Mohd. Akbar, were also found in possession of intoxicant capsules/tablets, which were seized during the investigation. Based on the aforesaid allegations, the police registered the offences as mentioned above against the present Applicant. Hence, this 3 application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that though the prosecution alleges the incident and seizure to have taken place on 05.01.2026, the Applicant was, in fact, taken into custody by the Crime Branch/Purani Basti Police on 03.01.2026 itself, which is also supported by the written complaint submitted by the Applicant’s father before the Senior Superintendent of Police, Raipur. It is further submitted that the independent seizure witnesses namely Harishchandra Banjare and Sandeep Kurre have not supported the prosecution case and have turned hostile before the trial Court, thereby creating serious doubt regarding the alleged seizure proceedings. He further submits that the implication of the Applicant is based mainly on the memorandum statement of co-accused Kanha Krishna Kashyap, without any independent corroborative evidence establishing conscious possession of the alleged contraband. It is thus argued that the mandatory twin conditions under Section 37 of the NDPS Act stand satisfied and the trial is likely to take considerable time for its conclusion, therefore, he may be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail 4 application and submits that the alleged contraband was recovered from the joint possession of the present Applicant and co-accused Anand Sharma, which was of commercial quantity. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available in the case diary, the quantity of contraband allegedly recovered, which falls within the commercial quantity, the fact that the recovery is alleged to have been made from the joint possession of the present Applicant along with co-accused Anand Sharma, without expressing anything further on the merits of the case, this Court is not inclined to grant bail to the Applicant. 6. Accordingly, the bail application of the Applicant – Dhiman Majumdar involved in Crime No. 10/2026 registered at Police Station – Purani Basti, Raipur (C.G.), for the offence under Sections 22(C) & 29 of NDPS Act is 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