1 2025:CGHC:55879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9230 of 2025 • Nitesh Kumar Dewangan S/o Shri Jugal Kishore Dewangan Aged About 24 Years R/o Devi Chowk, Shivni, P.S. Champa, Distt- Janjgir- Champa C.G. ... Applicant versus • State of Chhattisgarh Through P.S. Champa, Distt- Janjgir-Champa C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ravindra Sharma, Advocate For Respondent/State : Ms. Soumya Rai, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17.11.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.116/2025 registered at Police Station – Champa, District – Janjgir-Champa (C.G.) for the offence punishable under Section 21(C) and 29 of the NDPS Act, 1985. 2. First bail application of the applicant was rejected by this Court vide order dated 11.07.2025 passed in MCRC No.5409/2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.19 10:49:57 +0530 2 3. Case of the prosecution, in brief, is that on 01.04.2025, the Sub- Inspector of Police Station “Champa received information from an informant near the Champa Railway Station that one Nitesh Dewangan”, a resident of Village Sewni, was in possession of a large quantity of narcotic syrup concealed in a cloth bag. He was heading towards the Sewni settlement via the road near K.K. Dhaba with the intent to sell it. Acting on this information, the police team along with independent witnesses proceed to the spot indicated by the informant and conducted the raid. The accused, Nitesh Dewangan was intercepted near a field behind K.K. Dhaba. Upon search, a total of 60 bottles (each 100 ml) of ONREX syrep (6 liters in total), divided into two separate plastic and contained in a cloth bag, were recovered from his possession. 4. In his memorandum statement, the accused Nitesh Dewangan disclosed that the said "ONEREX 100 ml" syrup, containing Codeine Phosphate and Triprolidine Hydrochloride, was a narcotic substance. He had purchased 130 bottles of the syrup (each 100 ml) for Rs.26,000/- from Mahendra Sahu of Pendri, and had already sold 10 bottles at the rate of Rs.300-Rs.500/- per bottle. He further stated that he had handed over the remaining bottles to his associate Mewalal Rathore for sale. Based on this statement, the police conducted a search of Mewalal Rathore's house and recovered 60 bottles (each 100 ml) of ONEREX syrup. Furthermore, 14 bottles of ONEREX syrup (each 100 ml) were recovered from the main accused, Mahendra Kumar Sahu. As sufficient evidence was found against the accused persons, an offence under Sections 21(c) and 29 of the NDPS Act was registered against them. The accused were arrested, and after 3 completion of investigation, a charge sheet was filed before the competent court. Hence, the bail application. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 01.04.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 6. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 60 bottles (each 100 ml) of "ONEREX" syrup (6 liters in total), divided into two separate plastic packets and contained in a cloth bag were recovered from the possession of the applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, nature of offence, submissions made by learned counsel for the parties and considering the fact that the first bail application of the applicant was rejected by this Court vide order dated 11.07.2025 passed in MCRC No.5409/2025 and from perusal of the case diary, it transpires that the article which has been seized from the 4 possession of the applicant is much above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, on which basis the first bail application of the applicant was rejected by this Court, further it appears that no new ground has been taken by the applicant for his second regular bail, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, this second bail application of applicant – Nitesh Kumar Dewangan involved in Crime No.116/2025 registered at Police Station – Champa, District – Janjgir-Champa (C.G.) for the offence punishable under Section 21(C) and 29 of the NDPS Act, 1985 is rejected at this stage. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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 vaishali