1 2025:CGHC:37360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5946 of 2025 Ritesh Gabel S/o Purushottam Gabel, Aged About 26 Years R/o Village Chainpur P.S. And Tahsil Kartala, District - Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Baradwar District - Janjgir- Champa (C.G.) ... Respondent(s) For Applicant(s) : Ms. Madhunisha Singh, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/07/2025 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 under Section 21(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on May 12, 2025, the Assistant Sub-Inspector of Police Station Baradwar received information from an informant that a person was standing under the Railway Overbridge at Sakreli, with a black Tata Punch car, having codeine syrup in the car's trunk, and was waiting for a customer to sell it. Based on this information, the police team, along with witnesses, reached the location and found a black car with a person sitting in it, who attempted to start the car upon seeing the police. He was apprehended and interrogated. During questioning, he revealed his name as Ritesh Gabel, a resident of Chainpur, and stated that Vasu Yadav, a resident of Lari Nani, Lailunga, had given him the codeine-laced syrup about a month ago to sell. During the investigation, 41 bottles of ONEREX Cough Syrup (totaling 4.1 liters) and 9 bottles of WINCEREX Cough Syrup (totaling 9 liters), totaling 50 bottles of narcotic substance, were recovered from the possession of the accused Ritesh Gabel. Based on the evidence found, an offense under Section 21(c) read with Section 29 of the NDPS Act was established against the accused, and a charge sheet was filed before the Court after investigation. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 12.05.2025. She further submits that the applicant was of unsound mind and was undergoing psychiatric treatment from Dr. Prakash Narayan Shukla, Director, Post Graduate Instituted of Behavioral and Medical Sciences, before the alleged incident and on 3 04.12.2024, the said doctor had advised the applicant/accused to consume 50 ml Codeine Phosphate and tablet Alprasolam 0.5 mg daily for 06 months, the applicant was undergoing regular treatment, copy of medical documents is annexed as Annexure A/3, further Section 84 of the IPC (corresponding to Section 22 of BNS) has been ignored, which provides a legal defense for individuals who commit an act while suffering from unsoundness of mind. It states that an act is not an offence if it is done by a person who, at the time of doing it, is incapable of knowing the nature of the act or that what they are doing is either wrong or contrary to law, due to unsoundness of mind. She also submits that the applicant is newly married and his wife is 6 months pregnant, copy of which is annexed as Annexure A/4, further the conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. Per contra, 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. He further submits that the quantity of contraband substance i.e. 41 bottles of ONEREX Cough Syrup (totaling 4.1 liters) and 9 bottles of WINCEREX Cough Syrup (totaling 9 liters), totaling 50 bottles of narcotic substance were recovered from the possession of the applicant, which is much above the commercial quantity as notified under the NDPS Act and as such, the applicant is not entitled to be released on bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From the medical documents annexed by the applicant in the bail application, it appears that the applicant was undergoing treatment for substance abuse or drug addiction. However, there is no certificate or opinion of any registered Psychiatrist or Medical Board to show that the applicant, at the time of commission of offence, was of unsound mind or incapable of understanding the nature of the act. Mere filing of prescriptions and pathology reports without any cogent and certified proof of mental unsoundness cannot entitle the applicant to claim the benefit of Section 84 of the IPC/Section 22 of the BNS. 7. Furthermore, the fact that the applicant is recently married and his wife is six months pregnant negates the plea that the applicant lacks understanding or is incapable of managing social and personal responsibilities, which would ordinarily be inconsistent with a state of legal insanity. 8. So far as the recovery made from the present applicant is concerned, contraband substance i.e. 41 bottles of ONEREX Cough Syrup (totaling 4.1 liters) and 9 bottles of WINCEREX Cough Syrup (totaling 9 liters), totaling 50 bottles recovered from the car in which the applicant was found, is much above the prescribed commercial quantity threshold, therefore the rigors of Section 37 of the NDPS Act are applicable. No ground is made out to believe that the applicant is not guilty of the offence or is not likely to commit a similar offence while on bail. 5 9. In view of the above discussion and the serious nature of the allegations, coupled with the absence of any certified evidence of mental unsoundness, I do not find it to be a fit case for grant of bail. Accordingly, the bail application of the applicant - Ritesh Gabel, 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. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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