1 2025:CGHC:36913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1121 of 2025 1 - Md. Aamir S/o Hifazat Ali Aged About 25 Years R/o Sakin Kurkunga, P.S. Narayanpur, District Jashpur C.G. 2 - Intiyaz Aalam S/o Tofiq Aalam, Aged About 28 Years R/o Sakin Kurkunga, P.S. Narayanpur, District Jashpur C.G. ... Applicants versus State Of Chhattisgarh Thorugh Station House Officer, Police Station Kunkuri, District Jashpur C.G. ... Non-applicant For Applicant : Mr. Manoj Kumar Yadav, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 29.07.2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 176/2024, registered at Police Station Kunkuri District – Jashpur (C.G.) for alleged commission of offence punishable VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:04:05 +0530 2 under Sections 21(b) of the Narcotic Drugs Psychotropic Substances Act (in short, NDPS Act). 2. The prosecution story in short is that, on 13.12.2024 information was received from an informer that Maqsood Aalam alias Mister, a resident of Masjid Mohalla kunkuri, on the side of NH43 road near Kunkuri Punjab National Bank, has illegal banned narcotic capsule SPASMO for sale and is sitting in his numberless motorcycle in search of a customer. On the basis of such information, the police has seized a total of 20.35 gram of Spasmo Proxyvon Plus (Tramadol) from the possession of the main accused and aforesaid offence has been registered. The main accused, admitting his crime in his memorandum statement took the name of the applicants. Applicants/accused both are absconding since the date of incident. Applicants are made accused of commission of offence under section 21(b) of NDPS Act. 3. The applicants are innocent and have been falsely implicated in the present case without any direct involvement in the alleged offence. They are residents of village Kurkunga, while the main accused, Maqsood Aalam, resides in Kunkuri, 15 km away, and there is no established connection between them. No recovery has been made from the applicants the incriminating articles were seized solely from the possession of the main accused. The applicants were implicated only based on the memorandum 3 statement of the main accused, without any independent evidence or disclosure of prior contact. The prosecution has also failed to comply with mandatory provisions of the NDPS Act, and thus no prima facie case under Section 21(b) is made out. The applicants are young, have clean antecedents, and continued incarceration would harm their physical and mental well-being. The main accused has already been granted bail (M.Cr.C. No. 1324/2025 dated 07.03.2025), and the trial is unlikely to conclude soon. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 7. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice vaibhav