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2025 DAILYLAW 39055 (CHH)

ANSHU GONET v. STATE OF CHHATTISGARH

MCRC/6419/2025 · 2025-08-12

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Judgment text

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1 2025:CGHC:40847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6419 of 2025 Anshu Gonet S/o Pappiya Gonet Aged About 22 Years R/o Vijay Nagar, Bijapur, P.S. Bijapur, District : Bijapur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through P. S. Bijapur, District : Bijapur, Chhattisgarh ... Non-applicant For Applicant : Mr. Mayank Mulchandani, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 71/24 registered at Police Station – Bijapur, District – Bijapur (C.G.), for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is that on 09.11.2024, an information was received at Police Station Bijapur from an informant stating that two persons on a motorcycle, carrying a bag containing narcotic and psychotropic tablets, were coming to Bijapur for sale. Upon receiving the said information, the Sub-Inspector, along with a constable, intercepted ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.14 11:12:02 +0530 2 them near Mahadev Ghati Mandir. The two persons disclosed their names as Anshu Gonet and Ravindra Poonem. Thereafter, the bag was opened, and the following contraband was recovered: Pyeebon Spas Plus Capsules – 549 pieces, Spamo Proxyvon Plus Capsules – 267 pieces, containing Tramadol, weighing a total of 319.64 grams and Alprazolam Proxyvon Plus Tablets – 234 pieces, containing Alprazolam, weighing a total of 67.75 milligrams. The applicant, along with the other, co-accused, was arrested. A copy of the F.I.R. in Crime No. 71/2024 dated 09.11.2024 is filed herewith as Annexure A-2. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. Pyeebon Spas Plus Capsules – 549 pieces, Spamo Proxyvon Plus Capsules – 267 pieces, containing Tramadol, weighing a total of 319.64 grams and Alprazolam Proxyvon Plus Tablets – 234 pieces, containing Alprazolam, weighing a total of 67.75 milligrams were not seized from the possession of the present applicant. He also submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. He further submits that the present applicant is in jail since 09.11.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the alleged contraband article recovered from the possession of the present applicant is much above the commercial quantity. Further, the present applicant has one more criminal antecedent under the NDPS Act, of the year 2024. Therefore, the present applicant is not entitled to the grant of regular bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the fact that contraband article i.e. Pyeebon Spas Plus Capsules – 549 pieces, Spamo Proxyvon Plus Capsules – 267 pieces, containing Tramadol, weighing a total of 319.64 grams and Alprazolam Proxyvon Plus Tablets – 234 pieces, containing Alprazolam, weighing a total of 67.75 milligrams were recovered from the possession of the applicant, which is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Anshu Gonet, involved in Crime No. 71/24 registered at Police Station – Bijapur, District – Bijapur (C.G.), for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) ChiefJustice Abhishek