1 2025:CGHC:53136 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8619 of 2025 Lokesh Sahu S/o Shri Ashok Sahu Aged About 27 Years Occupation - Ambulance Driver R/o Portha P.S. And Tahsil- Sakti, District- Sakti, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Chakradhar Nagar, District- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Pranay Golchha, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.10.2025 1. This is the 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.274 /2025 registered at Police Station – Chakradhar Nagar District – Raigarh (C.G.), for the offence punishable under VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.31 12:24:36 +0530 2 Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985. 2. The prosecution is that on the basis of information received from an informer, Assistant Sub-Inspector Aashiq Ratre of Chakradhar Nagar police station, on 21.06.2025, while searching the accused and their Bullet motorcycle, found Manish Chandra transporting a total of 110 vials of banned intoxicating syrup, each containing 100 ml each, Wincerex Cough Syrup (Codeine Phosphate & Triprolidine Hydrochloride Syrup) 100 ml. Composition: Codeine Phosphate 1.P.-10 mg, Triprolidine Hydrochloride 1.P.-1.25 mg, total quantity 11,000 ml, in a blue colored Pittu bag. Crime No. 274/2025 was registered under Section 21 of the NDPS Act and the case was taken up for investigation and further on the basis memorandum statement of accused Manish Chandra and Nitin Chauhan, accused Bhupendra Sahu, Aman Sahu and Lokesh Sahu were also arrested and after investigation, charge sheet was filed. 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the present case registered at Police Station Chakradhar Nagar, District Raigarh, solely on the basis of the memorandum statement of the co-accused. It is submitted that the applicant has no connection with the alleged offence, and no incriminating material or contraband has been seized from his possession. The police coerced him into signing the 3 memorandum while in custody. The applicant operates ambulance vehicles owned by his uncle, Jitendra Sahu, and all business transactions are made online, which can be verified from transaction slips of their respective accounts. The alleged contraband (intoxicating syrup) was seized from the co-accused, namely Manish Chandra and Nitin Chouhan, and not from the applicant, which clearly shows his false implication. The applicant, who has no criminal antecedents, has been in judicial custody since 21.06.2025, causing extreme financial hardship to his family. The investigating agency has also failed to comply with the mandatory provisions of the law, and the trial is likely to take a considerable time to conclude. The applicant is a permanent resident of Village Portha, Tahsil Sakti, District Sakti (C.G.), and there is no likelihood of his absconding or tampering with evidence. He is ready to furnish adequate surety and undertakes to abide by all conditions that may be imposed by this Hon’ble Court, therefore, he prays that he be enlarged on regular bail. 4. Learned State Counsel opposes the bail application and submits that a commercial quantity of contraband, including 110 vials (totaling 11,000 ml) of Wincerex Cough Syrup containing Codeine Phosphate, a psychotropic substance, was recovered from the possession of the applicant. It is further argued that the offence under Sections 21 and 29 of the NDPS Act is serious in nature, as the quantity seized is well above the commercial quantity, therefore, the applicant is not entitled to be released on bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, it is observed that a commercial quantity of contraband, consisting of 110 vials of banned intoxicating syrup, each containing 100 ml of Wincerex Cough Syrup (Codeine Phosphate and Triprolidine Hydrochloride Syrup), having a total quantity of 11,000 ml, was recovered from the possession of the applicant. The total quantity of the contraband so recovered is much above the threshold of commercial quantity as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant has failed to provide any satisfactory explanation regarding the possession of the said contraband, and it is also not a case of false implication. Therefore, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant - Lokesh Sahu, involved in Crime No.274 /2025 registered at Police Station – Chakradhar Nagar District – Raigarh (C.G.), for the offence punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985, is rejected. Sd/- (Ramesh Sinha ) Chief Justice vaibhav