1 2025:CGHC:46526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7256 of 2025 Govardhan Lal Sinha S/o Shri Thakur Ram Sinha Aged About 47 Years R/o Village - Kesara, Police Station - Ranitarai, District Durg Chhattisgarh Presently Sinha Medical Stores, Patan, Police Station - Patan, District - Durg Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Utai, District - Durg Chhattisgarh. ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer Hon'ble Shri 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. 198/2025 registered at Police Station Utai, District - Durg (C.G.) for the offence under Sections 8, 22(A) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that the concerned police received secret information that two individuals were engaged in selling illicit contraband. Acting upon this information, a raid was conducted, during which two accused persons, namely Krishna RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Yadav and Ajay Yadav, were apprehended. Upon search, Krishna Yadav was found in possession of 960 Tramadol tablets weighing 614.4 grams and 30 Alprazolam tablets weighing 3.6 grams, while from Ajay Yadav, the police seized 240 Tramadol tablets weighing 153.6 grams and 38 Alprazolam tablets weighing 4.56 grams. During further investigation, 20 Alprazolam tablets weighing 2.46 grams were seized from another co-accused, Manoj Dongare. On the basis of the memorandum statement of Manoj Dongare, the present applicant, who is the proprietor of Sinha Medical Store, Patan, was implicated in the case, and 300 Alprazolam tablets weighing 36 grams were seized from his medical shop. Subsequently, the applicant was arrested on 22.05.2025. Thereafter, offence punishable under Sections 8, 22(A) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and no prima facie offence is made out against him. He submits that the applicant, aged proprietor of Sinha Medical Store, is duly licensed and authorized by the State Government to store and sell medicines as per doctors’ prescriptions. The quantity of Alprazolam tablets seized from his shop is 36 grams, which is well below the permissible limit of 100 grams, and hence no offence is attracted under the NDPS Act. It is further submitted that the applicant has been implicated solely on the basis of the memorandum statement of co-accused Manoj Dongare, who is mentally ill and undergoing 3 treatment at Dr. B. Trivedi Hospital. The applicant had sold medicines to him legally, based on a valid prescription. It is contended that mandatory provisions of the NDPS Act were not complied with during the applicant’s arrest and no independent witness supports the prosecution’s case. He also submits that the charge sheet has already been filed, and the applicant is in custody since 22.05.2025. It is further submitted that co-accused Netram Sahu has already been granted bail by this Court in MCRC No. 6513/2025 vide order dated 19.08.2025, and the applicant is entitled to bail on the ground of parity. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the possession of the present applicant total 300 Alprazolam tablets weighing 36 grams were seized, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, it appears that the applicant is a licensed proprietor of a medical store and authorized to store and sell medicines as per doctors’ prescriptions. The quantity of Alprazolam tablets seized from his shop is 36 grams, which is below the commercial quantity. The 4 applicant has been implicated mainly on the basis of the memorandum of co-accused Manoj Dongare, without any independent witness supporting the prosecution case. Further, co- accused Netram Sahu has already been granted bail by this Court in MCRC No. 6513/2025 vide order dated 19.08.2025. Further fact that the present applicant has no criminal antecedents and in the present bail application the charge-sheet has been filed before the competent Court and he is in jail since 22.05.2025 and conclusion of the trial may take some time, In view of these factors and on the ground of parity, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Govardhan Lal Sinha, involved in Crime No. 198/2025 registered at Police Station Utai, District - Durg (C.G.) for the offence under Sections 8, 22(A) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient 5 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. 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