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2025 DAILYLAW 47156 (CHH)

GAYATRI SINGH v. STATE OF CHHATTISGARH

MCRC/8505/2025 · 2025-10-27

body2025

Judgment text

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1 2025:CGHC:52598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8505 of 2025 Gayatri Singh W/o Dinesh Singh, Aged About 30 Years R/o- Khalpara, Police Station- Srinagar, Surajpur, H.M./Post- Puran Colony, Subhash Nagar, Gandhinagar, District - Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through SHO, PS - Gandhinagar, District - Surguja (C.G.) ... Non-Applicant For Applicant : Mr. Abhinav Dubey, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 1. This is the Second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 471/2024 registered at Police Station – Gandhinagar, District – Surguja (C.G.), for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that during patrolling, the Police PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.29 14:53:52 +0530 2 authorities, acting merely on suspicion, searched the applicant and allegedly found 438 strips of Spasmo Proxyvon Plus Capsules, each strip containing 24 capsules (totaling 10,512 capsules), along with 8 paper boxes containing 25 pieces each of Talgesic Buprenorphine Injection IP 2 ml (totaling 200 pieces), and 8 brown carton boxes containing 25 pieces each of Avil Pheniramine Maleate Injection IP 10 ml vials (totaling 200 pieces). Thereafter, an FIR was lodged for an offence under Section 22(c) of the NDPS Act, 1985, and the applicant was arrested. 3. The first bail application of the applicant was rejected by this Court on merit vide order dated 08.01.2025 passed in MCRC No. 67/2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has been in jail since 08.08.2024, and out of 22 witnesses, only 9 have been examined so far, out of which one prosecution witness (PW-1) has turned hostile. He further submits that the applicant has no previous criminal antecedents and that the conclusion of the trial may take some time. Therefore, he prays that the present applicant be granted regular bail. 5. Learned counsel for the State opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that first bail application of the applicant was rejected by this Court on merit vide order dated 08.01.2025 passed in MCRC No. 67/2025, as such, the applicant is not entitled to be released on bail. 3 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the order dated 08.01.2025, it is apparent that the first bail application of the applicant was rejected on the ground that the quantity of the contraband article i.e. 438 strips of Spasmo Proxyvon Plus Capsules, each strip containing 24 capsules (totaling 10,512 capsules), along with 8 paper boxes containing 25 pieces each of Talgesic Buprenorphine Injection IP 2 ml (totaling 200 pieces), and 8 brown carton boxes containing 25 pieces each of Avil Pheniramine Maleate Injection IP 10 ml vials (totaling 200 pieces) from the possession of the present applicant, 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. Further, the trial is in progress, and out of 22 witnesses, only 9 have been examined so far, out of which one prosecution witness (PW-1) has turned hostile. 8. Accordingly, the second bail application of the applicant - Gayatri Singh filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 471/2024 registered at Police Station – Gandhinagar, District - Surguja(C.G.), for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of four months from the date of receipt of a certified copy of this order, if there is no legal impediment. 4 10. 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 Preeti