1 2025:CGHC:50096 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7930 of 2025 Sandeep Singh S/o Beer Singh Aged About 32 Years R/o Dadar Road, Near Shiv Temple, Charoda, P.S. Old Bhilai- 03, District Durg C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Kumhari, District Durg C.G. ... Non-applicant(s) For Applicant : Mr. Praveen Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 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. 241/2024 registered at Police Station- Kumhari, District - Durg (C.G.), for the offence punishable under Section 8/22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 01.12.2024, the police of Police Station Kumhari, District Durg, received a piece of confidential information that Sandeep Singh and Sohail Khan were KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 selling narcotic cough syrup in large quantities in an open plot near NH-53, Janjgiri Pribi Dhaba. Acting on the said information, the police reached the spot and apprehended the accused persons. Upon search, 35 bottles of Relax Dry Cough Formula Syrup were seized from the possession of accused Sandeep Singh, and 11 bottles of Blurex Cough Syrup and 17 bottles of Relax Cough Syrup (totaling 6.3 litres of narcotic cough syrup) along with a Bajaj Pulsar motorcycle were seized from the possession of co-accused Sohail Khan. During the course of investigation, on the basis of the memorandum statement of the co-accused, the present applicant was made an accused and was subsequently arrested. After completion of due investigation, the police have filed the charge- sheet against the accused persons. 3. Learned counsel for the applicant submit that the applicant is innocent and he has been falsely implicated by the concerned Police Station, though he has not committed any offence as alleged by the prosecution. He further submits that the prosecution has not complied the mandatory provision given in the law therefore no case is made out against the present applicant. The prosecution did not prove the case beyond reasonable doubt against the present applicant. The prosecution did not establish that investigation officer has complied the provision under Section 41 to 58 of the NDPS Act. He further submits that the applicant is in jail since 01.12.2024 and in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal 3 antecedent and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the first bail and second bail application of the co-accused namely Sohail Khan has already been rejected by this Court in MCRC No. 1579/2025, vide order dated 05.03.2025 and MCRC No. 5598/2025, vide order dated 17.07.2025 respectively on merits. He further submits that the quantity of contraband article which is said to have been recovered from the possession of the applicant along with co-accused i.e. 6.3 liters of syrup, which is above the commercial quantity. Hence, he is not entitled for grant of 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, nature and gravity of offence levelled against the applicant and the fact that the first bail and second bail application of the co-accused namely Sohail Khan has already been rejected by this Court in MCRC No. 1579/2025, vide order dated 05.03.2025 and MCRC No. 5598/2025, vide order dated 17.07.2025 respectively on merits and further the quantity of contraband article which is said to have been recovered from the possession of the applicant along with co- accused i.e. 6.3 liters of syrup, which is above the commercial quantity and the applicant has failed to give a plausible explanation with regard to the same and the applicant has failed to raise any ground so as to warrant interference by this Court. 4 7. 4 7. Accordingly, the bail application of the applicant – Sandeep Singh, filed under Section 483 of the B.N.S.S., involved in Crime No. 241/2024 registered at Police Station- Kumhari, District - Durg (C.G.), for the offence punishable under Section 8/22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal