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2025 DAILYLAW 18680 (CHH)

ANIL SINGH v. STATE OF CHHATTISGARH

MCRC/3107/2025 · 2025-04-23

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Judgment text

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1 2025:CGHC:18355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3107 of 2025 Anil Singh S/o Chandrika Singh Aged About 40 Years R/o Azad Market, Risali Bhilai, Thana Newai, District - Durg Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Newai, District - Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Rajendra Kumar Patel, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.275/2024, registered at Police Station- Newai, District - Durg (C.G.) for the offence punishable under Sections 8, 21(C) of Narcotic Drugs and Psychotropic Substances Act. (for short ‘NDPS’). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 18:24:46 +0530 2 3. The prosecution story in brief, is that, on 17.09.2024, a secret informer reported that the applicant/accused, the proprietor of Kritika Medical Store in Azad Market, Risali, was selling prohibited narcotic substances, specifically cough syrups containing Codeine Phosphate, from his medical store for illegal profit. Based on this information, a raid was conducted, and from the medical store and a room in the house behind it, 9 bottles (900 ml) of Codril-T Syrup and 3 bottles (300 ml) of Planokuf Syrup, both containing Codeine Phosphate, were seized from a steel drum inside a room. The applicant/accused was arrested, and after investigation, a charge sheet was filed against him under the relevant sections. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that no illegal syrup was seized from the possession of the applicant/accused. The applicant, being the proprietor of a medical store, was arrested solely on suspicion. He also submits that the charge-sheet has been filed and the applicant is in jail since 17.09.2024 and the applicant has two previous criminal antecedents in which he has been acquitted. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed. He further submits that total quantity of 9 bottles (900 ml) of Codril-T Syrup and 3 bottles (300 ml) of Planokuf Syrup, both containing Codeine Phosphate, were seized from the possession of the applicant, which is much more than the commercial quantity. Hence, his bail application is liable to be dismissed. 3 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the fact that quantity of contraband article which has been seized from the possession of the applicant, is much more than the commercial quantity, and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, accordingly, the bail application of applicant – Anil Singh involved in Crime No.275/2024, registered at Police Station- Newai, District - Durg (C.G.) for the offence punishable under Sections 8, 21(C) of Narcotic Drugs and Psychotropic Substances Act. (for short ‘NDPS’), 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. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd /- Sd/-Sd (Ramesh Sinha) Chief Justice Preeti