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2026 DAILYLAW 37954 (CHH)

LAV SONI v. STATE OF CHHATTISGARH

MCRC/8606/2026 · 2026-09-28

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010357982026 2026:CGHC:42401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8606 of 2026 • Lav Soni S/o Shri Ramkumar Soni Aged About 23 Years R/o Ranigaon, Gudi Chowk P.S. Ratanpur District Bilaspur Chhattisgrh. ... Applicant versus • State Of Chhattisgarh Through- P.S. Singhoda, District Mahasamund Chhattisgrh. ... Non-Applicant For Applicant : Mr. Laxman Baghel, Advocate For State : Ms. Laxmin Kashyap, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29.09 .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. 06/2026 registered at Police Station Singhoda, District Mahasamund (C.G.), for the offence punishable under Sections 21(c), 29(1) of NDPS Act. 2. Case of the prosecution, in brief, is that on 17.01.2026, during rural patrolling, the police party, on receiving secret information, intercepted Scooty No. CG 10 BS 8623 at Village Rehtikhil and seized 146 bottles (14.6 litres) of LABORATE Codeine Phosphate & Triprolidine Hydrochloride Syrup, each containing 100 ml, from the possession of the present applicant SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.29 17:48:19 +0530 2 and co-accused Devashish Devangan. Thereafter, the aforesaid offence was registered against the present applicant and co-accused. 3. Learned counsel for the applicant would submit that the applicant was merely riding the Scooty, and no contraband was recovered from his exclusive or conscious possession. He further submits that mere presence on the vehicle does not establish involvement of the present applicant and the rigours of Section 37 of the NDPS Act are not an absolute bar to bail. It is argued that the Court is required to examine the conditions contemplated under Section 37 of the NDPS Act. He also contends that charge-sheet has been filed, applicant is in jail since 17.01.2026 and he has no criminal antecedents. Thus, he would pray for grant of regular bail. 4. On the other hand, learned counsel for the State would oppose the bail application and submit that the charge-sheet has been filed in the present case. She would submit that 146 bottles (14.6 litres) of LABORATE Codeine Phosphate & Triprolidine Hydrochloride Syrup were seized from joint possession of applicant and co-accused, which is above commercial quantity, therefore, instant application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the submissions of learned counsel for the parties and material available on record, it appears that the alleged contraband was recovered from the Scooty being ridden by the applicant along with the co- accused. Total 146 bottles (14.6 litres) of LABORATE Codeine Phosphate & Triprolidine Hydrochloride Syrup were seized from joint possession of applicant and co-accused, which is above commercial quantity, therefore, 3 rigours of Section 37 of the NDPS Act would attract. Thus, this Court is not satisfied that the twin conditions prescribed under Section 37 of the NDPS Act are fulfilled, therefore, I am not inclined to allow this application. 7. Accordingly, instant application is hereby rejected. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant