1 2025:CGHC:47816 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1434 of 2025 Asgar Ali @ Golden S/o Hurmat Ali Aged About 25 Years R/o Village - Kurludih, Police Station - Sanawal, District - Balrampur Ramanujganj Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Chowki Dindo, Police Station Trikunda, District - Balrampur Ramanujganj Chhattisgarh ...Non-applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-Applicant : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 17.09.2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.24/2025, registered at Police Station Police Chowki Dindo, Police Station - Trikunda, District : Balrampur-Ramanujganj (C.G.) for alleged commission of offence punishable under Sections 21(C) and 29 of NDPS Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.18 11:37:20 +0530 2 2. As per the prosecution story is that Sub-Inspector Gajapati Mire posted at Police Chowki Dindo received information from an informer that Sunil Bharti of village Dindo was bringing a large quantity of banned cough syrup medicine on his motorcycle from Kurludih to Dindo for the purpose of sale. On which the information was recorded in the diary and the senior officer was informed about the informer's information. After this, without obtaining a search warrant, the accompanying staff and witnesses reached near Karbala on the main road going to Dindo Kurludih and waited for the suspect. After some time, a person matching the description given by the informer was seen coming from Kurludih to Dindo on red coloured Super Splendor motorcycle. He was seen coming towards them. When he was stopped, he tried to run away but was caught after being surrounded. The person told his name as Sunil Kumar Bharti On searching his motorcycle, CODEINE PHOSPHATE & TRIPROLIDINE HYDROCHLORIDE SYRUP, ONEREX COUGH SYRUP 3,000 ML of WINGS company was recovered on which recovery panchnama, identification panchnama was prepared and banned cough syrup and motorcycle were seized. Accused Sunil Bharti told during interrogation that he had received 30 pieces of 100 ml intoxicating cough syrup from Asgar Ali when accused Shoaib Akhtar Ali had paid money to Sunil Bharti to get cough syrup for sale. On finding sufficient evidence of the crime against the accused, Sunil Bharti and Shoaib Akhtar Ali were arrested and a crime was registered 3 under section 21 (C), 29 of Narcotic Drugs and Psychotropic Substances Act. On the basis of the First information Report, the investigation was set in motion and it is being carried out. 3. The applicant is innocent and has been falsely implicated in the present case, as no narcotic substance has been recovered from her possession and she has been implicated only on the basis of disclosure statements, which are not admissible in law. The FIR in Crime No. 24/2025 at Police Station Trikunda under Sections 21(C) and 29 of the NDPS Act alleges recovery of commercial quantity of contraband from a co-accused, but there is no independent witness or evidence linking the applicant to the said recovery, nor was she present at the place of occurrence. The case has been registered against her due to enmity on false and fabricated grounds, with the intention of tarnishing her dignity and reputation. The entire prosecution case rests on conjectures and presumptions, without any direct evidence of conspiracy or abetment against the applicant. He is a permanent resident of the address mentioned in the cause title, there is no possibility of absconding, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand learned State counsel opposes the application for grant of anticipatory bail to the applicant. 5. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving 4 Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 6. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice vaibhav