1 2025:CGHC:736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9137 of 2024 Bhimeshwar Yadav @ Bholu S/o Gajanand Yadav Aged About 28 Years R/o Village Ward No. 13, Police Station Sakti, District Sakti Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station Saragaon, District Janjgir Champa, Chhattisgarh. ... Non-applicant For Applicant : Mr. Basant Kaiwartya, Advocate For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2025 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. 176/2024 registered at Police Station– Saragaon, District : Janjgir-Champa (C.G.), for the offence punishable under Section 21(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 02.09.2024, the head constable of Saragaon Police Station received information from an 2 informer that two persons were coming from the Sakti side on a motorcycle bearing registration number CG-11 BM-0443, carrying narcotic substances, specifically Onrex cough syrup, in their possession, intending to find a customer to sell it. Acting on this information, the police, along with accompanying staff and witnesses, reached the paved road leading from the highway towards Saragaon. There, the two persons were found sitting on the motorcycle bearing registration number CG-11 BM-0443. Upon being surrounded, apprehended, and interrogated, they confessed to the crime. The accused identified themselves as Bhimeshwar alias Bholu Yadav and Sunil Yadav, both residents of Sakti. They further revealed that Ritesh Puri Goswami, a resident of Kandanara, had provided them with the intoxicating syrup to sell. Upon searching the accused, 42 bottles of Onrex cough syrup, each containing 100 ml, totaling 4200 ml, were recovered from the possession of accused Sunil Yadav, stored in a yellow bag. Additionally, one motorcycle was seized from the possession of Bhimeshwar alias Bholu Yadav. A case was registered against the accused under Sections 21(c) and 29 of the NDPS Act, and after the investigation, the accused were arrested, and a chargesheet was filed before the court. According to the original records, a total of 4200 ml of Onrex cough syrup, categorized as a commercial quantity, was recovered from the possession of co-accused Sunil Yadav. Both Sunil Yadav and Bhimeshwar Yadav were transporting the syrup on the same motorcycle. Thereafter, The police registered the crime and arrested the applicant for the said offence. 3 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the possession of the present applicant and no any contraband article has been seized from the applicant, the contraband article was seized from the possession of the co-accused persons. He further submits that the present applicant is in jail since 02.09.2024 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 4200 ml of Onrex cough syrup from the joint possession of the present applicant and the co-accused persons, which is much above the commercial quantity 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. 6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. total 4200 ml of Onrex cough syrup from the joint possession of the present applicant and the co- accused persons, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Bhimeshwar Yadav @ Bholu, involved in Crime No. 176/2024 registered at 4 Police Station– Saragaon, District : Janjgir-Champa (C.G.), for the offence punishable under Section 21(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail expeditiously. 9. OfÏce 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