Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:44317
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6893 of 2025 Jagdish @ Virat S/o Ramfal Gupta Aged About 30 Years R/o Mayapur, Ward No. 31, P.S. And Tehsil- Ambikapur, District-Surguja (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Ambikapur, District- Surguja (C.G.)
... Non-applicant(s) (Cause-title taken from Case Information System) For Applicant(s) : Mr. Nishi Kant Sinha, Advocate. For Non-applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 01.09.2025
1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.112/2025, registered at Police Station: Ambikapur District- Surguja (C.G.) for the offences punishable under Sections 21(C), 22(C) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”).
2. The prosecution story in brief, is that, the co-accused were intercepted by the police on suspicion and on search and seizure KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 108 Bottles of Wngs Rx Syrup of 100 ML each containing codeine phosphate and 100 pieces of Buprenorphine Injection 2 ML each, containing Psychotropic substance was seized from the possession of the co-accused. During investigation, it was revealed that the applicant had deposited Rs. 25000/- in account of co-accused person using his UPI from phone and account, therefore financing of the offence has been alleged against the applicant.
3.
Learned counsel for the applicant submits that the contraband article which is said to have been recovered from the possession of the co-accused persons, is above the commercial quantity and the allegation against the present applicant is that the applicant has send the money for purchase of the said contraband article. He further submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedents further the conclusion of the trial is likely to take some time therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposed the prayer for grant of bail and submits that the quantity of contraband articles seized from the co-accused is above commercial quantity and further the name of applicant has come in the memorandum statement of co-accused from whom the said articles have been seized. The allegation against the present applicant is that the applicant has send the money for purchase of the said contraband article hence, it is an organized crime, looking to the seriousness of this case, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the
3 material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the quantity of contraband article which is said to have been recovered from the possession of the co-accused is above the commercial quantity and the allegation against the present applicant is that the applicant has send the money for purchase of the said contraband article which was recovered from the co-accused hence, it is an organized crime, looking to the seriousness of this case, this Court is of the opinion that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of applicant – Jagdish @ Virat involved in Crime No.112/2025, registered at Police Station: Ambikapur District- Surguja (C.G.) for the offences punishable under Sections 21(C), 22(C) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”)., is rejected. 8. Needless to sat that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9.
Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice
Kunal