1 2025:CGHC:4464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 699 of 2025 Nimish Gupta S/o Mohan Lal Gupta Aged About 44 Years R/o Village Keshavganj, Police Station Sagar, District Sagar (M.P.), At Present Resident Of Village Namnakala, Police Station Gandhinagar, District Sarguja (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Of Police Station Pratappur, District Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.01.2025 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. 306/2024 registered at Police Station– Pratappur, District Surajpur (C.G.), for the offence punishable under Section 21(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 06-12-2024, the police received secret information that two persons were traveling on a Bajaj Platina motorcycle bearing Registration No. CG-15/DE-0102 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.25 14:09:10 +0530 2 and were transporting prohibited contraband. Acting on this information, the police intercepted the persons, who identified themselves as Samant Giri and a juvenile in conflict with the law. Upon searching their possession, the police recovered 30 bottles of Triprolidine Hydrochloride Codeine Phosphate Syrup (Codicure-T), 6 strips of Spasmo Proxyvon Plus capsules (each strip containing 8 capsules, totaling 48 capsules), and 60 capsules of Alprazolam. Regarding the role of the present applicant, notices under Section 67 of the NDPS Act were issued to Samant Giri and the juvenile. In their statements recorded under Section 67 of the NDPS Act, the co-accused stated that they had purchased the syrups and capsules from the present applicant. Based on these statements, the applicant was arrested by the police for the alleged offences. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the possession of the present applicant. He further submits that the present applicant has been roped from the commission of alleged offence on the basis of the notice which was given to the other co-accused persons i.e. Samant Giri and one Juvenile in conflict with law. He further submits that only Rs. 5000/- has been seized from the possession of the present applicant, mere recovery of Rs. 5000/- does not implicate the applicant for the commission of alleged offence. He further submits that the applicant suffers from brain tumor as the operation of applicant was conducted in the year 2021 and thereafter the applicant suffers from shock. Copy of medical paper to demonstrate 3 that the applicant suffers from the brain tumor are collectively being filed and marked as Annexure A/2 for kind perusal. He also submits that the present applicant is in jail since 06.12.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that co-accused persons stated that they had purchased the contraband article i.e. 30 bottles of Triprolidine Hydrochloride Codeine Phosphate Syrup (Codicure-T), 6 strips of Spasmo Proxyvon Plus capsules (each strip containing 8 capsules, totaling 48 capsules), and 60 capsules of Alprazolam from the present applicant, which is much above the commercial quantity, as such, the applicant is also not entitled to be released on 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 and further the fact that co-accused persons stated that they had purchased the contraband article i.e. 30 bottles of Triprolidine Hydrochloride Codeine Phosphate Syrup (Codicure-T), 6 strips of Spasmo Proxyvon Plus capsules (each strip containing 8 capsules, totaling 48 capsules), and 60 capsules of Alprazolam from the present applicant, which 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. 4 7. 4 7. Accordingly, the bail application of the applicant – Nimish Gupta, involved in Crime No. 306/2024 registered at Police Station– Pratappur, District Surajpur (C.G.), for the offence punishable under Section 21(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Rahul Dewangan