Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19736
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2882 of 2025 Aditya Gupta S/o Krishna Gupta Aged About 29 Years R/o C.S.P.S.C.L. Colony, Darri, Korba, District Korba (C.G.). Present Address Chauhan Town, H-01/26, Pent House Junwani, Chowki Smriti Nagar, Police Station Supela Bhilai, District Durg, (C.G.)
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Supela, O.P. Smriti Nagar, Bhilai, District Durg (C.G.)
... Non-Applicant For Applicant : Mr. Jitendra Gupta, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 30.04.2025
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. 1341/2024 registered at Police Station –Supela, O.P. Smriti Nagar, Bhilai, District Durg, (C.G.), for the offence punishable under Sections 8 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that the Police of Police Station Supela, O.P. Smriti Nagar, Bhilai, District Durg (C.G.), had received RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 secret information from the informant and on the basis of the said information conducted a raid and seized 54 bottle Hydrochloride Syrup, containing 100 ml each which amount to total 5400 ml (5.400 kilogram) Hydrochloride Syrup, from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Sections 8 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant.
3.
Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the physical possession of the present applicant. He further submits that the Out Post police Smriti Nagar, District- Durg, (C.G.) has taken and kept the applicant under the custody from his home since 13.12.2024 and produced before the Court on 15.12.2024 which shows that the applicant has been falsely implicated. He also submits that one Sourabh Kamde is the main accused in the present case from whom the intoxicated medicine was actually seized. He further submits that the present applicant has no any previous criminal antecedents and he is in jail since 15.12.2024 and 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 of the present applicant and submits that the quantity of contraband article i.e. 54 bottle Hydrochloride Syrup, containing 100 ml each which amount to total 5400 ml (5.400 kilogram) Hydrochloride Syrup, were recovered from the possession of the present applicant, which is much above the commercial quantity
3 and as such, the 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. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. 54 bottle Hydrochloride Syrup, containing 100 ml each which amount to total 5400 ml (5.400 kilogram) Hydrochloride Syrup which have been seized from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Aditya Gupta, involved in Crime No. 1341/2024 registered at Police Station – Supela, O.P. Smriti Nagar, Bhilai, District Durg, (C.G.), for the offence punishable under Sections 8 and 22 of 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. OfÏce 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