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2026 DAILYLAW 5702 (CHH)

RAHUL TIWARI v. STATE OF CHHATTISGARH

MCRC/1068/2026 · 2026-03-17

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Judgment text

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1 2026:CGHC:13029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1068 of 2026 • Rahul Tiwari S/o Laxmikant Tiwari Aged About 29 Years R/o House No. 390, Vijay Nagar, Baijnath Para, Ward No. 39, Durg, Tehsil And District- Durg, (Chhattisgarh) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Mohan Nagar, Distt.- Durg (Chhattisgarh) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Aman Pandey, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.03.2026 1. This is the 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. 468/2025 registered at Police Station- Mohan Nagar, District - Durg (C.G.) for the offence punishable under Section 20(B) of NDPS Act. 2. As per the prosecution story, in brief, is that on 11.09.2025, during a vehicle check near Surya Hotel on Durg-Dhamdha Road, two persons, Sajid Ali and Mohammad Shakeel Qureshi, were apprehended and were found to be carrying a large bag. Upon questioning, a bag containing 22 Kgs of marijuana, valued at two lakh rupees, along with a mobile phone and Rs.10,000/- in cash VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.23 15:22:50 +0530 2 from the sale of narcotics, was seized from their joint possession. They di not possess any documents related to the seized items. During interrogation, accused Sajid Ali, stated in his memorandum that the applicant/accused Rahul Tiwari arranges for marijuana at a lower rate by colluding with drug traffickers and had sent him and Mohammad Shakeel to Odisha to procure marijuana from Shankar Raigada, for which he received a commission. On the day of the incident, he had arrived at Durg bus stand with the marijuana obtained from Shankar Raigada, a resident of Odisha, and had transferred one lakh rupees as commission to the other accused, Rahul Tiwari, online. 3. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case. He also submits that applicant is a bus conductor and a co-accused in the present case. It is alleged that from two co-accused persons, namely Sajid Ali and Mohammad Shakeel Qureshi, contraband articles i.e.,22 kilograms of marijuana valued at 2,00,000 were seized, along with one mobile ₹ phone and 10,000 in cash. ₹ Further, it is contended that on the basis of the memorandum statement of co-accused Sajid Ali, the name of the present applicant came to light. It is also argued that another co-accused, namely Shankar Raigada, who was involved in transporting the narcotics from Odisha, has stated that the applicant facilitated to getting the contraband article at a lower price. It is further submits that applicant is in jail since 11.09.2025 and conclusion of the trial may take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that applicant has no criminal antecedent and applicant 3 facilitated to getting the contraband article at a lower price. Hence, this bail application is liable to be rejected. 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 also considering the fact that applicant involved in the present case and facilitated to getting the contraband article at a lower price, further the fact that trial is in progress, therefore I do not find any good ground to entertain this bail application. 7. Accordingly, the first bail application of the applicant- Rahul Tiwari, involved in Crime No. 468/2025 registered at Police Station- Mohan Nagar, District - Durg (C.G.) for the offence punishable under Section 20(B) of NDPS Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali