1 2025:CGHC:53678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8149 of 2025 Rakesh Pancheshwar S/o Jaipal Pancheshwar Aged About 31 Years R/o Dharawasi, Police Station Lalbarra, District Balaghat (M.P.) ---Applicant Versus State Of Chhattisgarh Through Police Station Khamtarai, District Raipur Chhattisgarh ... Non-applicant For Applicants : Mr. Ravikar Patel, 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 in brief is that Police Station Khamtarai VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 12:09:39 +0530 2 received a secret information that three persons were coming from Bhanpuri Chowk towards Raipur on one motorcycle and one scooty, carrying banned narcotic syrups. Acting on the said information, the police formed a team and, with necessary equipment, proceeded in a government vehicle (Bolero No. CG/03/A/0273) and began checking in front of the police station. After some time, three persons aged about 25 to 30 years were seen approaching on a motorcycle bearing registration No. CG/04/LG/6179 and a white scooty bearing registration No. CG/04/NB/5699, matching the informer’s description. The police intercepted them and recovered 40 bottles of narcotic cough syrup from the possession of the present applicant. Following due legal procedure, the contraband was seized, and an FIR was registered against the applicant at Police Station Khamtarai under the relevant provisions of the NDPS Act. 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. He further submits that the applicant is a medical representative by profession and that the drug in question was not recovered from his possession. It is stated that at the time of the alleged incident, the applicant had 3 gone to the State of Madhya Pradesh, and during his absence, co-accused Narbad Katre, who was residing with the applicant, brought the contraband article and kept it in the applicant’s house, from where the said substance was later recovered. It is further submitted that there has been no direct 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. The applicant, being a registered medical representative for a long period, is duly authorized for the said work. The owner of Prakash Medical Store, in his statement, has clearly stated that the applicant is a medical representative of DWD Company and that medicines were purchased through proper channels vide Bill No. 2500073005179. The applicant also used to supply 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, his family members are facing severe financial hardship. The applicant has been in jail since 09.07.2025, and as 4 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 applicant house. 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. 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 5 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 – Rakesh Pancheshwar 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