Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11201
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 323 of 2025
1. Sufyan Ahmed S/o Kurbani Ali Aged About 31 Years R/o Kalinajar Pahadi, Pahari Mafi, Kalinajar, Naraini Banda, District- Banda (U.P.)
... Applicant versus
1. State Of Chhattisgarh Through The Station House Officer, Police Station - Supela, Bhilai, District- Durg (C.G.)
... Non-applicant For Applicant : Mr. Ghanshyam Kashyap, Advocate For Non-applicant : Mr. UKS Chandel, Dy. Advocate General SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.03.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.45/2025 registered at Police Station Supela, Bhilai, District Durg (C.G.) for the offence punishable under Sections 8 & 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.07 11:24:04 +0530
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2. Case of prosecution, in brief, is that the police received secret information from the Informer that one person has come around Ghadi Chowk, Near Bus Depot, Supela to purchase illegal narcotic drugs. Police reached the spot, they apprehended applicant and upon searching him, recovered 36 strips of Proxyco Spas, each containing 24 capsules, total 864 capsules. Applicant failed to produce any valid document for possessing the seized contraband. Accordingly, the instant crime was registered and the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that the applicant is a license hold and he runs a medical shop in District Banda (UP). Tthere is nothing to indicate involvement of applicant in the instant case and he has been made accused on the basis of memorandum statement of co-accused Mirazuddin. Applicant has no previous criminal antecedent. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application of present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Recently the Supreme Court in SLP (Crl.) No.12621/2024 (Anarul SK v. The State of West Bengal) has observed that
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Considering the facts and circumstances of the case including the fact that commercial quantity of psychotropic substance has been recovered from possession of applicant, it is not possible to form a prima facie view at this stage, that the applicant is not guilty of the offences or that he would not commit similar offences if released on bail. The twin conditions of Section 37 of the NDPS Act are not satisfied, therefore, in the opinion of this Court, bail cannot be granted to the applicant at this stage. Accordingly, the bail application is rejected. 8. Office is directed to sent the certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Nisha