1 2025:CGHC:32288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5409 of 2025 Nitesh Kumar Dewangan S/o Shri Jugal Kishore Dewangan Aged About 24 Years R/o Devi Chowk, Shivni, P.S. Champa, Dist- Janjgir-Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - P.S. Champa, Dist- Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ravindra Sharma, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 116/2025 registered at Police Station Champa, Dist- Janjgir-Champa (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 21(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 01.04.2025, the Sub- Inspector of Police Station Champa received information from an informant near the Champa Railway Station that one Nitesh Dewangan, a resident of Village Sewni, was in possession of a large quantity of narcotic syrup concealed in a cloth bag. He was heading towards the Sewni settlement via the road near K.K. Dhaba with the intent to sell it. Acting on this information, the police team along with independent witnesses proceeded to the spot indicated by the informant and conducted a raid. The accused, Nitesh Dewangan, was intercepted near a field behind K.K. Dhaba. Upon search, a total of 60 bottles (each 100 ml) of "ONEREX" syrup (6 liters in total), divided into two separate plastic packets and contained in a cloth bag, were recovered from his possession. 3. In his memorandum statement, the accused Nitesh Dewangan disclosed that the said "ONEREX 100 ml" syrup, containing Codeine Phosphate and Triprolidine Hydrochloride, was a narcotic substance. He had purchased 130 bottles of the syrup (each 100 ml) for Rs.26,000/- from Mahendra Sahu of Pendri, and had already sold 10 bottles at the rate of Rs.300–Rs.500/- per bottle. He further stated that he had handed over the remaining bottles to his associate Mewalal Rathore for sale. Based on this statement, the police conducted a search of Mewalal Rathore’s house and recovered 60 bottles (each 100 ml) of ONEREX syrup. Furthermore, 14 bottles of ONEREX syrup (each 100 ml) were recovered from the 3 main accused, Mahendra Kumar Sahu. As sufficient evidence was found against the accused persons, an offence under Sections 21(c) and 29 of the NDPS Act was registered against them. The accused were arrested, and after completion of investigation, a charge sheet was filed before the competent court. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 01.04.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 5. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 60 bottles (each 100 ml) of "ONEREX" syrup (6 liters in total), divided into two separate plastic packets and contained in a cloth bag were recovered from the possession of the applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. From perusal of the case diary, it transpires that the contraband articles i.e. 60 bottles (each 100 ml) of "ONEREX" syrup (6 liters in total), divided into two separate plastic packets and contained in a cloth bag recovered from the possession of the applicant is much above the commercial quantity, further the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication, the trial is in progress. 8. Accordingly, the bail application of the applicant - Nitesh Kumar Dewangan, involved in Crime No. 116/2025 registered at Police Station Champa, Dist- Janjgir-Champa (C.G.), for the offence punishable under Section 21(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office 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 Akhil