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2026 DAILYLAW 28634 (CHH)

BHANU RAJAK v. STATE OF CHHATTISGARH

MCRC/6438/2026 · 2026-07-21

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1 CGHC010270092026 2026:CGHC:31181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6438 of 2026 Bhanu Rajak S/o Santosh Rajak Aged About 28 Years R/o Changorabhatha, Behind Shanti Niketan Public School, Near Sanjay Provision, P.S. D.D. Nagar Raipur, District - Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O. Police Station D.D. Nagar, District Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Anway Tiwari, Advocate. (through video-conferencing) For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.102/2026, registered at Police Station - D.D. Nagar, District Raipur, (C.G.) for the offences punishable under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.23 13:20:27 +0530 2 2. As per the prosecution story, on 11.02.2026, Police Station D.D. Nagar received secret information that a person aged about 25–30 years, wearing a slate-coloured shirt and grey jeans, was standing behind Om Hospital, Raipura, carrying prohibited cough syrup and was looking for customers to sell the same. Acting upon the said information, the police party immediately proceeded to the spot and conducted a raid. During the raid, the applicant was apprehended, and upon search of a white bag found in his possession, 24 bottles of "Glankof-T" cough syrup, each containing 100 ml, were recovered. Thus, a total of 2,400 ml of the prohibited syrup was seized from the possession of the applicant. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the alleged contraband syrup was not seized from the possession of the applicant. Further, the quantity of codeine present in the seized contraband syrup is not mentioned in the F.S.L. report. It is also submitted that the applicant has one previous criminal antecedent of Arms Act in which he has been acquitted, and the applicant has been in judicial custody since 11.02.2026. Since the conclusion of the trial is likely to take considerable time, it is prayed that the applicants be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that 2,400 ml of the prohibited cough syrup was recovered from the possession of the applicant. He further submits that, when taken together with the recovery made from the co-accused, the total quantity of the prohibited syrup comes to 9,400 ml, which is well above the commercial quantity prescribed under the NDPS Act. It is further submitted that the applicant has two previous criminal antecedents under the Indian Penal Code. Therefore, considering the commercial 3 quantity involved and the applicant's criminal antecedents, it is contended that the applicant is not entitled to the grant of bail, and the present bail application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that 2,400 ml of the prohibited cough syrup was recovered from his exclusive possession, while the total quantity of prohibited syrup recovered from the joint possession of the applicant and the co-accused is 9,400 ml, which is well above the commercial quantity prescribed under the NDPS Act, and further considering that the applicant has failed to furnish any satisfactory explanation regarding such possession, it cannot, at this stage, be said to be a case of false implication, this Court is of the considered opinion that it is not a fit case for grant of bail. Accordingly, the bail application deserves to be and is hereby rejected. 7. Accordingly, the bail application of applicant – Bhanu Rajak, involved in Crime No.102/2026, registered at Police Station - D.D. Nagar, District Raipur, (C.G.) for the offences punishable under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti