1 2025:CGHC:36236 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5839 of 2025 Chetan Agrawal S/o Mahavir Agrawal Aged About 32 Years R/o Ghutarapara, Chandani Chowk, Ambikapur, District Surguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Gandhi Nagar, Ambikapur, District- Surguja (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Applicant(s) : Mr. Manoj Paranjpe, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No.133/2025, registered at Police Station Gandhi Nagar, Ambikapur, District- Surguja (C.G.) for the offences punishable under Section 22(C) of the Narcotic Drugs and Psychotropic KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Substances Act, 1985 (for short, the NDPS Act). 2. The prosecution story in brief, is that, on 22.02.2025, during routine patrolling by the police near Banaras Road, near P.G. College, a Scooty Activa bearing registration number CG15 DJ 5421 (wrongly mentioned as CG03 A 0286 in the impugned order), driven by one Prince Gupta, was intercepted. Upon search, Prince Gupta was found in possession of a bag containing the following contraband substances 4 boxes, each containing 25 ampoules of Rexogesic Buprenorphine Injection 2 ml, total 100 ampoules (200 ml); 4 boxes, each containing 25 vials of Avil Pheniramine Maleate Injection I.P. 10 ml, total 100 vials (1000 ml); and 12 bottles of Onerex Codeine Phosphate Cough Syrup, each containing 100 ml (1200 ml). Total Value of Seized material as per the F.I.R. – Rs. 9,647/-. Accordingly, Prince Gupta was arrested and his memorandum statement was recorded by the Police, wherein he disclosed the fact that he along with other Co- Accused namely Chetan Agrawal (present applicant) was involved in consumption and sale of seized products to people including the other co-accused namely Suraj Singh. Acting upon this disclosure, the police arrested the co-accused persons and lodged instant F.I.R. Hence this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the crime has been registered 3 against the applicant merely on the probability as the present applicant was the owner of the scooty activa which was given to Price Gupta in good faith and the present applicant was not at all aware that his vehicle is being used for the transaction of contrabands. The applicant was working on the post of manager at Radha Krishna Diagnostics Centre, Ambikapur, District Surguja C.G. and he was present at the diagnostics center when the seizure was made from Prince Gupta. The applicant has no direct or indirect link to the sale or consumption of the products seized and he has been falsely implicated in the crime and there is absolutely no material showing the ownership details of the seized vehicle and the vehicle has been seized by the other co-accused and not by the present applicant. Further, there is no material in the final report of the police which shows that the present applicant was also involved in the consumption or sale of the contrabands seized, the present applicant has only been apprehended on the basis of memorandum statement and presumption. The offence under section 22(c) of Narcotic Drugs and Psychotropic Substances, Act 1985 is not attracted against the present applicant as the ingredients of the said sections are not fulfilled and neither the act of the present applicant would amount to attract the offence under the said provisions of the NDPS Act. He also submits that the bail application of other co- accused namely Suraj Singh has already been rejected by this Court vide order dated 16.07.2025 in MCRC No. 4563/2025, but 4 the case of the present applicant is distinguishable to that of the co-accused. He lastly submits that the applicant is in judicial custody since 23.02.2025 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he is entitled for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the quantity contraband articles seized from the co-accused is much above commercial quantity and further the name of applicant has come in the memorandum statement of main accused from whom the articles have been seized. Further, bail application of the other co-accused namely Suraj Singh has already been rejected by this Court vide order dated 16.07.2025 in MCRC No. 4563/2025 and the case of the present applicant is identical to that of the co-accused. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the nature and gravity of the offence, the quantity of contraband article i.e. 100 ampoules (25x4) of Rexogesic Buprenorphine Injection IP 2ml, 100 vials (25x4) of Avil Pheniramine Maleate Injection IP 10ml, and 12 bottles (100ml each) of Onerex Codeine Phosphate Cough Syrup seized from the main accused Prince Gupta is much above the commercial quantity and the name of the present applicant has come up in the 5 memorandum statement of the main accused and further the bail application of other co-accused namely Suraj Singh has already been rejected by this Court vide order dated 16.07.2025 in MCRC No. 4563/2025 and the case of the present applicant is identical to that of the co-accused, as such, though the charge-sheet has been filed, the bail application of applicant – Chetan Agrawal involved in Crime No.133/2025, registered at Police Station Gandhi Nagar, Ambikapur, District- Surguja (C.G.) for the offences punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 7. Needless to sat that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal