1 2025:CGHC:46524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7263 of 2025 Innocent S/o Olu Chukwu Aged About 33 Years R/o Lagos State, Epe City, Country Nigeria, Continent Africa, Present Address Mehroli Kitchen, Uttam Nagar, New Delhi. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Tikrapara, Distt. Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Ms. Divya Sahu, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, 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. 735/2024 registered at Police Station– Tikrapara, District- Raipur, (C.G.), for the offence punishable under Sections 21, 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 25 of Arms Act. 2. Case of the prosecution, in brief, is that on 23.09.2024, acting on a tip-off from an informer, Police Station Tikrapara, Raipur, conducted a raid near Kamal Vihar Sector 04 Chowk, Oxygen Zone, Raipur (C.G.) and apprehended the applicant/accused Shubham Soni. During the search, the police recovered 31.88 grams of charas RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 (cannabis resin), 98 MDMA tablets weighing 45.08 grams, one iron pistol with an empty magazine, an electronic weighing machine, empty capsules, cash amounting to Rs. 1,00,000/-, and two smartphones from his possession. During further investigation, based on the memorandum statements and call detail records of other co-accused, 120 grams of MDMA was seized from present applicant, Innocent. Co-accused Abhishek Sahu disclosed that he procured charas, cocaine, and other drugs from Delhi for sale and had transferred Rs. 3,00,000/- on 21.09.2024 and Rs. 2,00,000/- earlier to the bank account of accused Nazre Alam. Upon interrogation, Nazre Alam revealed that for about a year, the money for drug supplies was being deposited into his bank account by accused Onyeka Stephen Ojochukwu, which he subsequently withdrew via ATM and UPI and handed over to Onyeka. Based on these facts, the police registered FIR bearing Crime No. 735/2024 for offences punishable under Sections 21 and 29(b) of the NDPS Act and Section 25 of the Arms Act. After completion of the investigation, a charge sheet was filed, and the case is now pending before the Court of the learned Special Judge (NDPS Act), Raipur, District Raipur (C.G.) as Special Sessions Case (NDPS) No. 04/2025. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged recovery of psychotropic substances was not made from the conscious possession of the applicant but from an open place, and he has been falsely implicated in this case. It is contended that mandatory provisions under Sections 42 and 50 of the NDPS Act were not 3 complied with, and the prosecution case rests solely on circumstantial evidence like informer’s statements and co- accused’s memorandum, which lack independent corroboration. The main role in procurement and financial transactions is attributed to co-accused Abhishek Sahu and Nazre Alam, while the applicant’s alleged role is limited and peripheral. It is further submitted that the recovery of one iron pistol with an empty magazine under Section 25 of the Arms Act does not indicate any intent to cause harm. He also submits that he has no any previous criminal antecedent and he is in jail since 01.10.2024 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, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. total 31.88 grams of Charas, 98 MDMA tablets weighing a total of 45.08 grams and one iron pistol with an empty magazine from the joint possession of the present applicant and other co-accused, which are much above the commercial quantity. He also submits that bail application of the other co- accused persons have already been rejected by this Court in MCRC Nos. 7390/2024, 1301/2025, 1358/2025, 1499/2025, 3396/2025 and 3680/2025, vide orders dated 17.01.2025, 21.02.2025 and 26.06.2025 respectively, and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. total 31.88 grams of Charas, 98 MDMA tablets weighing a total of 45.08 grams and one iron pistol with an empty magazine from the joint possession of the present applicant and other co-accused person, are much above the commercial quantity and the applicant has failed to give any explanation for the same and bail application of the other co- accused persons have already been rejected by this Court in MCRC Nos. 7390/2024, 1301/2025, 1358/2025, 1499/2025, 3396/2025 and 3680/2025, vide orders dated 17.01.2025, 21.02.2025 and 26.06.2025 respectively, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Innocent, involved in Crime No. 735/2024 registered at Police Station– Tikrapara, District- Raipur, (C.G.), for the offence punishable under Sections 21, 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 25 of Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail 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) Chief Justice Rahul Dewangan