RITURAJ vs STATE OF CHHATTISGARH

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2026:CGHC:12541
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 997 of 2026
Rituraj S/o Arun Kumar Singh Aged About 28 Years R/o Near Hindu
Vidyapeeth, B.N. Jha Road, Devghar, Police Station- Devghar, District
Devghar (Jharkhand).
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station
Sarkanda, District Bilaspur C.G.
... Non-applicant
For Applicant : Mr. Rajeev Kumar Dubey, Advocate
For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
16.03.2026
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. 373/2025 registered at Police Station– Sarkanda, District
Bilaspur (C.G.), for the offence punishable under Sections 21, 22
and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985.

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2. Case of the prosecution, in brief, is that on the basis of information
received from an informant on 09.03.2025, it was reported that two
persons were about to transport an illegal narcotic substance near
Urja Park, Raj Kishor Nagar, Bilaspur, in a red and white coloured
bag. Acting upon the said information, the police reached the spot,
conducted a search, and recovered 55 bottles of Onerex cough
syrup from the alleged illegal possession of co-accused Athraw @
Soumy Singh and Yogesh Sahu. Thereafter, on the basis of the
memorandum statements of the said co-accused persons, the
present applicant, namely Rituraj, was implicated and subsequently
arrested in the matter. Hence, this bail application.
3. Learned counsel for the applicant submits that the applicant is
innocent and has neither committed nor participated in the alleged
offence and has been falsely implicated by the police. It is submitted
that 55 bottles of Codeine-based Onerex cough syrup, each
containing 100 ml, were seized from the conscious possession of
the main accused Atharv @ Soumya Singh and a juvenile co-
accused, and no contraband has been recovered from the present
applicant. The implication of the applicant is solely based on the
memorandum statements of co-accused persons and his own
alleged statement recorded by the Investigating Officer after a delay
of one month and twelve days, which has no evidentiary value in the
eyes of law. It is further submitted that there is no compliance of the
relevant provisions of the Indian Evidence Act, and no material has
been brought on record to establish any connection of the applicant
with the seized contraband. The only additional allegation is that a

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sum of Rs. 18,000/- was allegedly transferred by co-accused Tanu
Mahant to the bank account of the applicant’s father through a third
person, which has neither been directly proved nor linked to the
present offence, and no recovery has been made from the
applicant. He further submits that in view of the law laid down by the
Hon’ble Supreme Court in Toofan Singh v. State of Tamil Nadu ,
statements made before the police officer have no independent
evidentiary value unless supported by recovery, and in the present
case, no such recovery has been effected from the applicant. It is
also submitted that the quantity allegedly seized does not fall within
the category of commercial quantity, and therefore, the rigours of
Section 37 of the NDPS Act are not attracted, as held in Satyendra
Kumar Antil v. Union of India . It is also submitted that the applicant
is a married person and the sole breadwinner of his family, and his
prolonged incarceration would cause grave hardship to his
dependents. He also submits that the present applicant has no any
criminal antecedents and he is in jail since 19.05.2025 and the
conclusion of the trial may take some time, therefore, he prays for
grant of regular bail to the present applicant.
4. On the other hand, learned State counsel opposes the bail
application and submits that the charge-sheet has already been
filed. She also submits that on 09.03.2025, the police apprehended
co-accused Athraw @ Soumy Singh and Yogesh Sahu near Urja
Park, Raj Kishor Nagar, Bilaspur, and recovered huge quantity of
contraband article i.e. 55 bottles of Onerex cough syrup from their
illegal possession. It is further submitted that the present applicant,

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Rituraj, has been rightly implicated on the basis of the
memorandum statements of the co-accused, which clearly disclose
his involvement in supplying the contraband. She contends that the
quantity seized is above the commercial quantity and the offence
forms part of an organized illegal narcotics trade, therefore,
considering the gravity of the offence and the role of the applicant,
he is not entitled to be released on bail.
5. I have heard learned counsel appearing for the parties and perused
the case diary.
6. Considering the facts and circumstances of the case, the nature
and gravity of the offence, and the material available on record, this
Court notes that though no contraband article has been recovered
from the present applicant, but the memorandum statements of the
co-accused prima facie indicate his involvement in the supply of the
seized Codeine-based cough syrup. Further, the quantity involved is
above the prescribed limit and the offence appears to be part of an
organized illicit narcotics trade. In view of the seriousness of the
allegations and the overall circumstances, this Court is not inclined
to grant bail to the applicant at this stage.
7. Accordingly, the bail application of the applicant – Rituraj, involved
in Crime No. 373/2025 registered at Police Station– Sarkanda,
District Bilaspur (C.G.), for the offence punishable under Sections
21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985, is rejected.

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8. Needless to say that the trial Court concerned is at liberty to
proceed and conclude the trial expeditiously.
9. 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
Rahul Dewangan