1 2025:CGHC:10878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1759 of 2025 Sohail Khan S/o Late Jamil Khan Aged About 28 Years R/o Nutan Chowk, Near Gatwa Talab, Bhilai - 3 District Durg Chhattisgarh. (Details Of The Applicant Is Properly Not Mentioned In The Cause Title Of Impugned Order) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, P.S. Kumhari, District Durg Chhattisgarh. (Details Of The Non - Applicant Is Properly Not Mentioned In The Cause Title Of Impugned Order) ... Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/03/2025 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. 241/2024 registered at Police Station Kumhari, District - Durg (C.G.), for the offence punishable under Section 8/22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 01.12.2024 a secret information had received by the informant to the police station Kumhari that co-accused Sandeep Singh and present applicant Sohail Khan have kept illegal cough syrup in open plot near Preeti Dhaba NH-53 Janjgiri and when the concerned police came near they found that 35 piece of relax dry cough syrup formula syrup bottel worth rupees 5,600/-was recovered from co-accused Sandeep Singh and from the present applicant namely Sohail Khan only 11 piece of blurex cough syrup worthy rupees 2,475/- and 17 piece of relax cough syrup worth rupees 2,720/- total 28 piece i.e 2,800 grams of cough syrup worth rupees 5,195/- is recovered from the present applicant and total 6.3 liters syrup worth rupees 10,795/- is found from the present applicant and total 6.3 liters syrup worth rupees 10,795/- and one Bajaj motor cycle was recovered from both the accused Seperately. During the investigation co-accused Sandeep Singh stated in his memorandum that the present applicant was also involved in the illegal selling of above narcotic substances and based on the above statement police arrested the present applicant and registered above mentioned offence against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant is aged about 28 years old and he is not involve in the above offence and nothing has been recovered from the possession of the present applicant. He further submits that the present applicant has been arrested only on the basis of 3 memorandum statement of the other co-accused Sandeep Singh and on the ground of suspicious he has been arrested and there is no any material evidence against the present applicant and there is no eye witness to prove the case of prosecution. The prosecution has made out the alleged offence against the present applicant only on the basis of memorandum but there is violence of mandatory provision of section 50 of NDPS act. Further the accused is no previously convicted person and he has no criminal record. He further stated that co-accused namely Saurabh Kamde has already been enlarge on bail by the learned trial Court and the present applicant is in jail since 01.12.2024, in the present case, charge- sheet has not filed before the competent Court. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has not been filed in the present case. He further submits that the quantity of contraband article which is said to have been recovered from the possession of the co-accused, is much above the commercial quantity however, he has made accused only only the basis of memorandum statement of the co-accused but the involvement of the present applicant appears to be reasonable as such, the present applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the contraband article which has been seized from the possession of the co- 4 accused namely Sandeep Singh, is much above the commercial quantity and the present applicant has been made accused on the basis of memorandum statement of the co-accused from whom aforesaid contraband article was seized, hence the involvement of the present applicant appears to be reasonable, it cannot be a case of false implication and the applicant has failed to give an explanation for the said recovery thus, this Court does not find a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Sohail Khan filed under Section 483 of the B.N.S.S., involved in Crime No. 241/2024 registered at Police Station Kumhari, District - Durg (C.G.), for the offence punishable under Section 8/22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Kunal