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2026 DAILYLAW 5368 (CHH)

SHAILESH TANDAN v. STATE OF CHHATTISGARH

MCRC/509/2026 · 2026-01-13

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Judgment text

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1 2026:CGHC:2305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 509 of 2026 • Shailesh Tandan S/o Late Radheshyam Tandan Aged About 35 Years R/o Ward No. 08, Rawanpara, Gandai, Police Station And Tahsil Gandai, District- Khairagarh-Chuikhadan-Gandai (C.G.) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, Police Station- Gandai, District- Khairagarh-Chuikhadan-Gandai (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Abhishek Sharma, Advocate For Respondent/State : Mr. Vinod Kumar Tekam, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is a first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 391/2025 registered at Police Station - Gandai District-Khairagarh- Chuikhdan-Gandai (C.G.) for the offence punishable under Section 21(C), 27(A), 8, 29of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 07.11.2025 the A.S.I. of Police Station Gandai informed that the other co-accused Mohit VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.16 17:41:34 +0530 2 Tandan, Gabbar Dhritlahre and Rahul Gayakwad are bringing narcotic from Gujrat by train to Rajnandgaon and applicant along with other two accused persons went to Rajnandgaon on their two bikes to bring them. Thereafter when they are returning towards Gandai the police party stop two bikes near Thandar bridge in that two bikes 3-3 persons were sitting after that inspected their bags in which police official found and seized 398 strips of banned capsule of SPAS – TRANSCAN Plus whose composition :- Dicyclomine Hydrochloride – IP10 mg Tranmadol Hydrchloride IP-50 mg- Acetaminophen IP-25 mg total weight 01.990 kg commercial quantity and two bikes and after that they were arrested, during further investigation the police found that co-accused Gabbar @ Yograj is 16 years (Juvenile) so far that separate proceedings started, after arrest memorandum statement were recorded and further they stated that banned capsule were supplied by Parbat Singh Devra (Gujrat) thereafter he was also arrested later on and section 29 of the N.D.P.S. Act was further added and after complete investigation final report submitted for the offence u/s 21(C), 27(A), 8, 29 of the N.D.P.S. Act. 3. 3. Learned counsel for the applicant is innocent and he has falsely been implicated in the instant case because applicant only went to receive other co-accused who are coming from Gujrar by train and admittedly he has no knowledge that the main accused persons are carrying contraband articles. He also submits that the entire contraband article (Spas-Transcan Plus Capsules) was allegedly carried by three co-accused persons in a train not the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the quantity of contraband article seized 398 strips 3 of banned capsule of SPAS – TRANSCAN Plus whose composition :- Dicyclomine Hydrochloride – IP10 mg Tranmadol Hydrchloride IP-50 mg Acetaminophen IP-25 mg total weight 01.990 kg from the joint possession of the applicant and co-accused persons therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, allegation levelled against the present applicant and on the ground that the contraband article seized from the joint possession of the applicant and other co- accused persons and he has failed to provide explanation regarding the same, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant- Shailesh Tandan involved in Crime No.391/2025 registered at Police Station - Gandai District-Khairagarh-Chuikhdan-Gandai (C.G.) for the offence punishable under Section 21(C), 27(A), 8, 29of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaishali