1 2025:CGHC:8944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 218 of 2025 Vikash Kumar S/o Badri Prasad Baranwal Aged About 32 Years R/o Mohala Mallah Toli, Nadaraganj Police Station - Civil Line, Gaya, District - Gaya (Bihar) ... Applicant versus State Of Chhattisgarh Through Police Station - Gandhinagar, Distt. Surguja (C.G.) ... Non-Applicant For Applicant(s) : Ms. Rajni Soren, Advocate. For Non-Applicant(s) : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 20/02/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.471/2024, registered at Police Station -Gandhinagar, District : Surguja (C.G.) for alleged commission of offence punishable under Section 22(C) of NDPS Act. 2. Case of the prosecution, in brief, is that on 08.08.2024, the police of police station Gandhinagar were patrolling the area in government KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 vehicle No.C.G.-03-A0286. While they were patrolling at Manendragarh Road, Ajeerama Budhwari Bazar, they located a woman carrying a black backpack on her back, she also had a big bag lying at her feet. On seeing the police patrol vehicle she quickly tried to hide the bag in the nearby bushes. On seeing her suspicious activities, the police enquired her name, she informed the police that she was Gayatri Singh W/o Dinesh Singh, aged 30 years, R/o Hallpara, Police Station Shrinagar, Distt. Surajpur and was presently residing at Puran Colony, Shubhash Nagar, Gandhinagar. The Police personnel thereafter searched her and her belongings. From her bags Spasmo Proxyvon Plus Capsule total 438 strips, each strip containing 24 capsule (Total 10512 capsules). From her backpack bag 8 paper boxes, each containing 25 Talgesic Buprenorphine Injection IP 02 ml, (total 200 injections) and 8 brown carton boxes each containing 25 pieces of Avil Pheniramine Meleate Injection IP 10 ml. (Total 200 injections) were seized. Psychotropic Substance Tramadol was found in Spasmo Proxyvon Plus Capsule and Buprenorphine was found in Talgesic Buprenorphine injection IP 02 ml. Thereafter, in her memorandum statement accused Gayatri Singh stated that she had purchased the capsule and drugs from applicant Vikash Kumar for accused Mohammad Farid. She stated that she had contacted accused Farid through Whatsapp, accused Mohd. Farid was arrested thereafter. It is alleged that the investigation revealed that from 01.01.2024 to 08.08.2024 applicant Vikash Kumar and accused Gayatri Singh had contacted each other through their respective 3 phone numbers 141 times. Further the CDR Location of accused Gayatri Singh was found to be at Gaya Bihar, where the applicant resides. The cccused Mohd. Farid is stated to have transferred money to applicant Vikash Kumar on several occasion. Upon such acts of the accused persons, the aforesaid offence has been registered against them. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has no criminal antecedent, further there is no recovery has been made from the present applicant, only on the basis of memorandum statement of the co- accused the present applicant has been arrested, therefore, he prays to enlarge the applicant on anticipatory bail. 4. On the other hand learned State counsel opposes the application for grant of anticipatory bail to the applicant. 5. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the co-accused namely Gaytri Singh from whom the aforesaid contraband article was recovered, is much above the commercial quantity and his bail application has already been rejected by this Court being MCRC No. 67/2025, vide order dated 08.01.2025 and after taking her memorandum statement, she stated that she had purchased said contraband article from the present applicant, hence the involvement of the present applicant appears to be reasonable in the instant case and it cannot be a case of false 4 implication, thus this Court is of the view that it is not a fit case to grant anticipatory bail to the applicant. 6. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 7. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice Kunal