1 2025:CGHC:46606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6481 of 2025 Mithlesh Tiwari S/o Late Shivprasad Tiwari Aged About 46 Years R/o M.I.G.- 1749, Heerapur, Police Station- Kabir Nagar Raipur, Tahsil And District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Sakri, Dist- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Saurabh Kumar Sharma, Advocate appearing through video conferencing. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.09.2025 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. 91/2025 registered at Police Station – Sakri, District – Bilaspur (C.G.), for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution in brief is that on 24.02.2025, based on information received from an informant, the police of Police Station Sakri ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 18:49:37 +0530 2 recovered a commercial quantity of narcotic Codeine-containing cough syrup (Onrex) from the possession of the accused, Mithilesh Tiwari. The recovery was made near Krishna Dhaba, Bypass Road, Village Pand, from a Swift Dzire car bearing registration No. MH-12 KN-4428. A total of 120 bottles of cough syrup, each containing 100 ml, amounting to 12,000 ml (12,000 grams), was being transported illegally. Upon finding the accused involved in the said offence, he was arrested on 24/02/2025, and a First Information Report (FIR) bearing Crime No. 91/2025 was registered under Section 21(c) of the NDPS Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the recovery of the alleged narcotic substance, i.e., cough syrup containing Codeine, is based solely on the information provided by an informant, and there is no independent corroborative evidence to establish that the applicant was knowingly in possession of the contraband or involved in its illegal transportation. The prosecution’s case rests on circumstantial evidence, which requires thorough judicial scrutiny during the trial, and the applicant deserves an opportunity to defend himself while on bail. He also submits that the applicant is suffering from high blood pressure and diabetes. His sugar level often rises up to 400–500, and he requires insulin thrice daily, as is evident from the medical documents. His treatment is ongoing at CIMS, Bilaspur, where the doctors have advised him to undergo a CT scan immediately. The applicant has been registered for a CT scan at CIMS Hospital, but due to a long waiting list, his turn is scheduled only in the month of September 2025. Considering the applicant’s serious medical condition, his continued detention in jail, where adequate medical facilities may not be available, poses a grave risk to his life and health. The delay in obtaining a CT scan until 3 September 2025 further aggravates the urgency of his release to seek proper medical treatment. He further submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. He submits that the present applicant is in jail since 24.02.2025 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. Therefore, the present applicant is not entitled to the grant of regular bail. 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 the contraband article, i.e., 120 bottles of cough syrup, each containing 100 ml, amounting to 12,000 ml (12,000 grams), was recovered from the possession of the applicant, which is much above the commercial quantity, and the applicant has failed to provide any explanation for the same, it cannot be a case of false implication 7. Accordingly, the bail application of the applicant – Mithlesh Tiwari, involved in Crime No. 91/2025 registered at Police Station – Sakri, District – Bilaspur (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. 4 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