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2025 DAILYLAW 57140 (CHH)

NARBAD KATRE v. STATE OF CHHATTISGARH

MCRC/7744/2025 · 2025-11-02

body2025

Judgment text

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1 / 4 2025:CGHC:53677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7744 of 2025 Narbad Katre S/o Bohram Katre Aged About 31 Years R/o Village Dharavasi, Post Nevar, Tahsil Lalbarra, District Balaghat (M.P.) (Address Incomplete Mentioned In The Impugned Order Sheet) ---Applicant versus State Of Chhattisgarh Through - S.H.O. Khamtarai, District - Raipur (C.G.) ---Non-applicant For Applicant : Mr. Mayank Chandrakar, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he have been arrested in connection with Crime No. 415/2025, registered at Police Station : Khamtarai District – Raipur (C.G.) for the offence punishable under Section 21(C) of the NDPS Act. 2. The prosecution story on 07.05.2025 concerning police received a secret information regarding illegal possession of narcotics substance VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 12:09:18 +0530 2 / 4 i.e. Triprolidine Hydrochloride and Codeine Phosphate from the co- accused persons namely Rakesh Pancheswar (40 bottels), Ravi Tamer (39 bottels) and Vinay Singh Rajput (41) bottels) each contening 100 M.L. (Total 12000 ML) and after seizure they were arrested. That during investigation co-accused Rakesh Pancheswar has in his memorandum statement discloses involvement of present applicant, thereafter concerning police arrested the present applicant on 09.07.2025 and after completion of investigation concerning police filed the charge sheet before the jurisdictional magistrate and trail has been commenced. Hence this Bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the applicant has no connection whatsoever with the alleged crime. It is contended that, as per the CCTV footage, the prosecution case established against the applicant is absolutely false, and the story projected by the co-accused does not appear to be credible. It is further submitted that there has been no seizure of any narcotic substance from the applicant, and he has been arrested solely on the basis of the memorandum statement of the co-accused, whereas, on the date of the incident, he was outside the State of Chhattisgarh. The applicant is a medical representative by profession for a long period and is duly registered for the said purpose. The owner of Prakash Medical Store, in his statement, has clearly stated about the work of the applicant as a medical representative of DWD Company and that medicines were purchased through proper channel vide Bill No. 2500073005179. The applicant also used to supply 3 / 4 medicines to doctors in the regular course of business. It is further submitted that the co-accused, namely Rakesh Pancheswar, was residing with the applicant, and since the applicant was outside the State at the relevant time, it cannot be ruled out that the co-accused might have taken the syrup bottles for illegal purposes. As per the charge-sheet, the mandatory procedures prescribed under the NDPS Act have not been duly complied with, and a common seizure has been shown from the co-accused persons merely to reflect a commercial quantity. The applicant is the sole breadwinner of his family, and after his arrest, the family members are facing severe financial hardship. The applicant has been in jail since 09.07.2025, and as the trial is likely to take considerable time, he may kindly be released on bail. The applicant is a permanent resident of the address mentioned in the cause title and is ready and willing to furnish adequate surety and abide by all directions and conditions imposed by this Hon’ble Court. Therefore, learned counsel prays for grant of regular bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that a commercial quantity of contraband, namely Triprolidine Hydrochloride and Codeine Phosphate, was recovered from the co- accused persons — Rakesh Pancheswar (40 bottles), Ravi Tamer (39 bottles), and Vinay Singh Rajput (41 bottles) — each bottle containing 100 ml, totaling 12,000 ml was recovered from the roadside. It is further submitted that the applicant, along with the co-accused persons, was involved in its illegal transportation. The quantity seized is well above the commercial quantity, and therefore, the applicant is not entitled to be released on bail. 4 / 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is observed that contraband articles, namely Triprolidine Hydrochloride and Codeine Phosphate, were recovered from the applicant and the co- accused persons, namely Rakesh Pancheswar (40 bottles), Ravi Tamer (39 bottles), and Vinay Singh Rajput (41 bottles), each bottle containing 100 ml, totaling 12,000 ml. the said bottles were seized from the shop, “Prakash Grinder,” situated at Khamtarai Hatri Bazaar, where applicant was allegedly keeping the banned syrup for sale. The quantity of syrup so recovered is significantly above the commercial quantity as specified under the NDPS Act. The applicant, was involved in its illegal transportation, and he has failed to provide any satisfactory explanation regarding such possession. In view of the aforesaid facts, this Court is not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the bail application of the applicants – Narbad Katre involved in Crime No.415/2025, registered at Police Station : Khamtarai District – Raipur (C.G.) for the offence punishable under Section 21(C) of the NDPS Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaibhav