1 2025:CGHC:56195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7199 of 2025 Munna Paswan S/o Suresh Paswan Aged About 28 Years R/o Jata, Police Station Garhwa, District : Garhwa, Jharkhand ...Applicant versus State Of Chhattisgarh Through Police Station Ramanujganj, District Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Karunendra Narayan Singh, 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 12:35:38 +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 alleged contraband was recovered from the possession of the main accused, namely, Rishikesh Gupta @ Raja, and a child in conflict with 3 law, namely, Devraj Ekka, whereas the present applicant has been implicated solely on the basis of the memorandum statements of the co-accused persons. It is further submitted that no contraband whatsoever has been recovered from the possession of the applicant, and his implication only on the basis of the memorandum statement of co-accused Rishikesh Gupta, which is not admissible in evidence under the provisions of the Evidence Act, is wholly unjustified. The Police of Police Station Ramanujganj has also failed to comply with the mandatory provisions of the NDPS Act, 1985 during the investigation so far as the applicant is concerned. The applicant has been in judicial custody since 16.07.2025, 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) 10 ml (total 22 ampoules) from accused Rishikesh Gupta, and Buprenorphine Injection IP 0.3 mg/ml (total 20 ampoules) along with Avil Injection 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 had purchased the contraband from co-accused Golu Gupta; the memorandum statement of Golu Gupta recorded on 25.06.2025 disclosed that he had procured the contraband from co-accused Munna Paswan and the memorandum statement 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 4 applicant has been implicated. It is also submitted that 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 to be granted 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 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. 5 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 – Munna Paswan, 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