Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:47372
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7367 of 2025 Mohsin Khan @ Raja S/o Anis Khan Aged About 24 Years R/o Pragati Nagar, Nehru Chowk Behind The Modhupan Cart Police Station Chhawani Bhilai District- Durg (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through Station House O3cer, Chhawani, District - Durg (C.G.)
... Non-applicant(s) For Applicant : Mr. Ali Afzal Mirza, Advocate. For Non-applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 15.09.2025
1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.197/2025, registered at Police Station Chhawani, District- Durg (C.G.) for the o>ence punishable under Sections 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).
2. The prosecution story in brief, is that on 03.05.2025, Sub inspector Mahendra Pratap Singh, posted at Police Station Chhawani, received secret information through an informer that a person KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 named Mohsin @ Raja i.e. present applicant along with co-accused Ravi @ Bitthal Singh are carrying a bag in which they are having narcotic tablets and capsules and are searching customers near Baikunthdham Ground Mangal Paan Thela and are looking for customers to sell the said narcotic tablets and capsules. On the said information Sub inspector along with the sta> and witnesses visited the place as informed by the informer and by performing blockade caught the persons and caught the applicant Mohsin @ Raja along with other co- accused person Ravi @ Bitthal Singh and they were searched by the police team, when the applicant was searched from his possession inside a white colored Bag two boxes of Alprazolam tablets containing 40 strips in which pink colored tablets total 600 capsules, whose net DICYCLOMINE gram HYDROCHLORIDE TRAMADOL, HYDROCHLORIDE and ACETAMINOPHEN Company 30 strips having blue colored total 240 capsules having net weight 146.40 gram in this way total 840 tablets and capsules were seized from the possession of the present applicant and from the possession of the co-accused Ravi Singh DICYCLOMINE HYDROCHLORIDE, TRAMADOL, HYDROCHLORIDE and ACETAMINOPHEN Company 60 strips containing 480 blue colored capsules weighing 292.80 grams was seized and in connection to the alleged capsules and tablets both the accused persons were not having any documents in support. On the basis of the above facts and circumstances Cnding prima facie evidences against the present applicant and other co- accused persons an FIR under Section 22(c) of the NDPS Act 1985
3 was registered against the present applicant along with the other co accused person and the investigation was carried out. After completion of the investigation, charge sheet was prepared and the same was Cled before the learned Special Judge (NDPS Act) Court Durg on 23.07.2025.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is submitted that from the possession of the applicant, 40 strips of Alprazolam tablets containing 600 tablets (total weight 66 gms without wrapper and 112.44 gms with wrapper) and 30 strips of Tramadol tablets containing 240 tablets (total weight 146.40 gms without wrapper and 299.11 gms with wrapper), thus a total of 840 tablets valued at about Rs. 8,500/-, were seized. It is further submitted that the applicant is a student of M.A. (Political Science) at Shri Shankaracharya College, Bhilai, and has been in custody since
03.05.2025. The charge-sheet has already been Cled, but conclusion of trial will take su3cient time. Hence, the applicant prays for grant of bail.
4. On the other hand, learned State counsel opposes the bail application and submits that the quantity of contraband recovered from the possession of the applicant is above the commercial quantity. Hence, the applicant is not entitled to be granted bail.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Taking into consideration the facts and circumstances of the case, nature and gravity of the o>ence and the fact that the quantity of
4 above-mentioned contraband article which has been recovered from the possession of the applicant, is much above the commercial quantity and further the case diary reveals that the involvement of the applicant in the present case, appears to be reasonable and it cannot be a case of false implication and the applicant has failed to give an explanation for the same. In such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justiCed to grant bail to the applicant/accused.
7. Therefore, the bail application Cled by the applicant/accused – Mohsin Khan @ Raja involved in Crime No.197/2025, registered at Police Station Chhawani, District- Durg (C.G.) for the o>ence punishable under Sections 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected.
8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously.
9. O3ce is directed to provide a certiCed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha)
Chief Justice Kunal