1 2025:CGHC:56194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6772 of 2025 Sujeet Kumar @ Kanchan S/o Pradeep Vishwakarma Aged About 34 Years R/o Village Ramana P/s Ramana, Distt- Garhwa (Jharkhand) (As Per Charge - Sheet) ... Applicant versus State Of Chhattisgarh Through Police Station- Ramanujganj Distt- Balrampur- Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Rahul Mishra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.11.2025 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. 60/2025 registered at Police Station – Ramanujganj District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case in brief is that, on 25.04.2025, based on VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.19 12:35:37 +0530 2 information from an informant, the Police of Police Station Ramanujganj, Distt Balrampur-Ramanujganj (CG) has recovered Narcotic Injection, Buprenorphine Injection Ip 0.3mg/ml of Rexogesic Company, 05-05 pieces Ampuls Injection per 2ml in Plastic Strip Total 25 pieces and Pheniramine Maleate Injection Ip Avil per 10ml Total 22 pieces from the possession of Rishikesh Gupta and Buprenorphine Injection Ip 0.3mg/ml 05-05 pieces Ampuls Injection 5 pieces total 20 pieces of per 2ml and Pheniramine Maleate Injection Ip Avil per 10ml total 22 pieces recovered from the possession of child conflict with the law namely Devraj Ekka and during investigation the memorandum of Rishikesh Gupta was recorded on 25.04.2025 in which he has stated that, he and his friend namely Devraj Ekka went to Gotarmana and purchased deceased contravened from co-accused namely Golu Gupta. The memorandum statement of Golu Gupta was also recorded on 25.06.2025 in which he has stated that, he has also purchased said contravened from Co-accused namely Munna Paswan. The memorandum statement of Munna Paswan was recorded on 16.07.2025 in which he has stated that, he has purchased the said contravened from present applicant and on the basis of memorandum statement of co-accused, the present applicant has been implicated in this case. The Police of Police Station Ramanujganj has submitted charge sheet against the main accused namely Rishikesh Gupta @ Raja along with 3 other co-accused persons. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that the name of the applicant has surfaced only in the memorandum statement of co-accused Munna Paswan, whereas the applicant is a 3 licensed medical shop owner and the charge-sheet has already been submitted, yet he has been falsely implicated solely on the basis of the said memorandum. It is further submitted that the contraband was recovered from the possession of the main accused, namely, Rishikesh Gupta @ Raja and a child in conflict with law, namely, Devraj Ekka, and no contraband whatsoever has been recovered from the possession of the present applicant. The police of Police Station Ramanujganj have implicated him only on the basis of the memorandum of co-accused Munna Paswan, which is not admissible in evidence under the Evidence Act. The applicant further submits that he is running a small licensed medical store and has never sold any contraband article to co-accused Munna Paswan nor indulged in any criminal activity, and he has been falsely implicated merely because he runs a medical shop, for which the license is filed as Annexure A/2. It is also submitted that the mandatory provisions of the NDPS Act, 1985, have not been complied with during the investigation against the present applicant. The applicant is in jail since 17.07.2025 and is a permanent resident as mentioned in the cause title; therefore, there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is ready to furnish adequate surety and undertakes to abide by all directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. Learned State Counsel opposes the bail application of the present applicant and submits that the contraband recovered in the case includes Buprenorphine Injection IP 0.3 mg/ml (total 25 ampoules) and Pheniramine Maleate Injection IP (Avil) of 10 ml (total 22 ampoules) 4 from accused Rishikesh Gupta, and Buprenorphine Injection IP 0.3 mg/ml (total 20 ampoules) along with Avil Injection of 10 ml (total 22 ampoules) from the child in conflict with law, Devraj Ekka. During the investigation, the memorandum statement of Rishikesh Gupta recorded on 25.04.2025 revealed that he and Devraj Ekka purchased the contraband from co-accused Golu Gupta; the memorandum of Golu Gupta recorded on 25.06.2025 disclosed that he had procured the contraband from co-accused Munna Paswan; and the memorandum of Munna Paswan recorded on 16.07.2025 stated that he had purchased the said contraband from the present applicant, on the basis of which the applicant has been implicated. It is further submitted that the Police Station Ramanujganj has already filed the charge-sheet against the main accused Rishikesh Gupta @ Raja and three other co-accused persons, and therefore, the applicant is not entitled for grant of regular 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, it appears that the contraband seized in the present matter namely Buprenorphine Injection IP 0.3 mg/ml (25 ampoules) and Pheniramine Maleate Injection IP (Avil) 10 ml (22 ampoules) recovered from accused Rishikesh Gupta, and Buprenorphine Injection IP 0.3 mg/ml (20 ampoules) along with Avil Injection 10 ml (22 ampoules) recovered from the child in conflict with law, Devraj Ekka is of a serious nature. During the investigation, the memorandum statements of the co- accused recorded on 25.04.2025, 25.06.2025, and 16.07.2025 clearly 5 reveal that the said contraband was ultimately purchased from the present applicant, thereby establishing his involvement in the chain of illegal supply. It is further noted that the quantity of the contraband recovered in the case is much above the commercial quantity, and the applicant has failed to provide any satisfactory explanation regarding the same. The police of Police Station Ramanujganj have already filed the charge-sheet against the main accused and three other co- accused persons, and the material collected during the investigation prima facie indicates the applicant’s active involvement. In such circumstances, the contention of false implication cannot be accepted. Therefore, this Court is of the considered view that the applicant does not deserve to be released on bail, and accordingly, the bail application stands rejected. 7. Accordingly, the bail application of the applicant – Sujeet Kumar @ Kanchan, involved in Crime No. 60/2025 registered at Police Station – Ramanujganj Raipur, District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice vaibhav