1 2025:CGHC:40845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6426 of 2025 Mohammad Farid S/o Mohammad Haleem Aged About 38 Years R/o Village Tripureshvar Police Station Srinagar, District : Surajpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, District : Surguja (Ambikapur), Chhattisgarh ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2025 1. This is the Second 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. 471/2024 registered at Police Station – Gandhinagar, District Sarguja (C.G.), for the offence punishable under Sections 22(C) of the NDPS Act. 2. The earlier bail application filed under Section 483 of the BNSS in MCRC No. 8337 of 2024 for grant of regular bail to the applicant, which was rejected vide order dated 20.12.2024. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.14 11:12:03 +0530 2 3. The prosecution story in brief is that on 08.08.2024, Inspector Pradeep Jaiswal, posted at Gandhinagar Police Station, along with other accompanying staff, left in Government Vehicle No. CG 03 A 0286 for patrolling, field visits, enforcement of the Minor Act, and checking of suspicious travelers. During patrolling, they noticed a woman standing on the roadside near Manendragarh Road, Ajirama Budhwari Bazaar, carrying a black pittu bag on her back and a large bag containing goods placed near her feet. On seeing the police patrolling vehicle, the woman quickly took the bag and attempted to hide it in nearby bushes. Finding her actions suspicious, the police questioned her name and address. She identified herself as Gayatri Singh alias Sapna, wife of Dinesh Singh, aged 30 years, resident of Khalpara, Police Station Srinagar, District Surajpur, and currently residing at Pooran Colony, Subhashnagar, Gandhinagar. Upon searching the woman and her belongings, the following items were recovered and seized: 438 packets of Spasmo Proxyvon Plus Capsules, each packet containing 24 capsules, totaling 10,512 capsules. Talgesic Buprenorphine Injection IP 02 ml – 25 pieces in each of 08 paper boxes, totaling 200 injections. Avil Pheniramine Maleate Injection IP 10 ml – 25 pieces in each of 08 brown carton boxes, totaling 200 injections. The psychotropic substance Tramadol was found in the Spasmo Proxyvon Plus Capsules, and the psychotropic substance Buprenorphine was found in the Talgesic Buprenorphine Injections. The memorandum statement of accused Gayatri Singh was recorded, in which she stated that she had purchased the aforesaid intoxicant capsules and injections from one Vikas Kumar, resident of Gaya, Bihar, and had brought them to deliver 3 to the present applicant. She further disclosed that Vikas Kumar had instructed her to contact him via WhatsApp after saving the mobile number of the applicant in her phone. On the basis of this statement, the applicant was also found to be involved in the illegal trade of the aforesaid banned tablets and injections. Accordingly, the applicant has been arrested in the present case, while co-accused Vikas Kumar is stated to be absconding. 4. Learned counsel for the applicant would submit that this is Second Bail application, the first bail application of the applicant was dismissed on merits. He submits that the applicant has been falsely implicated in the present case. As per the statement of Prosecution Witness No. 1, he has clearly stated that he does not know Mohammad Farid, has not seen him at the place of incident, nor at the police station on the following day, i.e., 09.08.2024. No seizure was made from the applicant in his presence. It is an admitted fact from the prosecution record and from the statement of Prosecution Witness No. 5 that no recovery of any psychotropic or narcotic substance has been made from the applicant. Thus, there is no direct evidence of possession, transportation, or sale of the seized contraband by the applicant. He also submits that both PW-1 and PW-5 have clearly stated that Mohammad Farid was not present at the scene when the main accused, Gayatri Singh, was apprehended with the alleged contraband substances. Therefore, the applicant’s connection to the recovery is highly doubtful. A copy of the statements of witnesses is annexed herewith as Annexure A/4. He further submits that when accused Gayatri was caught with drugs, during police interrogation she stated that she was merely acquainted with the applicant and that 4 the applicant had nothing to do with the purchase or sale of drugs. He also submits that till date out of 22 prosecution witnesses only 9 witnesses have been examined. He further submits that the applicant is in jail since 09.08.2024 and conclusion of the trial may take some more time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel would oppose the prayer for grant of regular bail to the applicant and submits that the seized contraband contains psychotropic substances (Tramadol and Buprenorphine) are much above the commercial quantity. She also submits that the applicant’s name surfaced during the course of investigation and is specifically mentioned in the co-accused’s disclosure, which connects him to the alleged offence, therefore, looking to the quantity of contraband article, the applicant is not entitled for grant of regular bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, further the fact the seized contraband contains psychotropic substances (Tramadol and Buprenorphine) are much above the commercial quantity, further the applicant’s name surfaced during the course of investigation and is specifically mentioned in the co-accused’s disclosure, which connects him to the alleged offence, therefore, looking to the quantity of contraband article, I am of the considered opinion that the applicant would not be entitled for grant of bail. 8. Accordingly, the second bail application of the applicant – Mohammad Farid, filed under Section 483 of the BNSS, involved in 5 Crime No. 471/2024 registered at Police Station – Gandhinagar, District Sarguja (C.G.), for the offence punishable under Sections 22(C) of the NDPS Act, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10. 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) Chief Justice Abhishek