1 2026:CGHC:18155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3604 of 2026 Praveen Kashyap S/o Chhatu Prasad Kashyap, Aged About 36 Years R/o Ramanujganj Ward No. 3, Police Station Ramanujganj, District- Balrampur- Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Excise Department Ambikapur, District- Surguja (C.G.) ... Respondent(s) For Applicant(s) : Ms. Kusum Lalchandani, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 150/2025 registered at Police Station Excise Department Ambikapur, District- Surguja (C.G.), for the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 offence punishable under Section 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 20.11.2025, during routine patrolling at Ramanujganj, Assistant District Excise Officer Ranjeet Kumar Gupta received a secret information near a liquor shop that two persons were going to supply intoxicant cough syrup in the Paltan Ghat area. After informing the District Excise Officer about the said information through mobile, the officer, without obtaining a search warrant, called independent witnesses and proceeded to the spot along with his staff. Upon reaching Paltan Ghat, the team intercepted a suspicious motorcycle (Bajaj Platina bearing registration No. C.G. 15 C.F. 8372). On inquiry, the rider disclosed his name as Sarfaraz Ansari. A search of the said motorcycle led to the recovery of 60 bottles of Onerex Cough Syrup from a yellow printed sack kept on the vehicle. During interrogation, accused Sarfaraz Ansari, in his memorandum statement, disclosed that he had purchased the said contraband cough syrup from co-accused Praveen Kashyap. Based on this disclosure, co-accused Praveen Kashyap was arrested for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act. The allegation against the present applicant/accused is that he had sold the intoxicant cough syrup to co-accused, Sarfaraz Ansari, from whose possession the said 60 bottles were seized. Upon finding sufficient material against the applicant, and after completion of investigation, a charge-sheet 3 has been filed before the competent Court. It is further stated that only two prosecution witnesses have been examined so far, and the evidence of the Investigating Officer and other important witnesses is yet to be recorded. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case, only on the basis of memorandum statement of co-accused, Sarfaraj Ansari. She further submits that the seizure of witnesses have been examined before the trial Court and they have turned hostile. She also submits that so far as status of trial is concerned, out of five witnesses, the statement of two witnesses have been recorded till date and the applicant has three criminal antecedents, out of which, one is under the NDPS Act of the year 2023, in which applicant has already been acquitted vide judgment dated 29.04.2024, copy of the same is annexed as Annexure A/2, and two are under the Excise Act of the year 2026, which are pending. The applicant is in jail since 20.11.2025 and the conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband article seized i.e. 60 bottles of Onerex Cough Syrup, which is much above the 4 commercial quantity as notified under the NDPS Act kept on the motorcycle, on which co-accused, Sarfaraz Ansari was traveling carrying the same and during interrogation, the said co-accused in his memorandum statement, disclosed that he had purchased the said contraband cough syrup from Praveen Kashyap (present applicant). He also submits that the applicant has three criminal antecedents, out of which, one is under the NDPS Act of the year 2023 and two are under the Excise Act of the year 2026, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it prima facie appears that the contraband article i.e. 60 bottles of Onerex Cough Syrup seized from the motorcycle of co-accused, Sarfaraz Ansari who is traveling carrying the said contraband article, which is above the commercial quantity as per the Schedule given under the NDPS Act, further during the course of investigation, the said co-accused disclosed that he had purchased the said contraband cough syrup from Praveen Kashyap (present applicant), which indicates prima facie involvement of the applicant along with co-accused persons in an organized illicit trafficking of narcotic substances and the ground taken by the applicant that seizure witnesses have been examined before the trial Court and they have turned hostile amounts to only tampering with the evidence. So far as status of 5 trial is concerned, out of five witnesses, the statement of two witnesses have been recorded till date and the applicant has three criminal antecedents, out of which, one is under the NDPS Act of the year 2023, in which applicant has already been acquitted vide judgment dated 29.04.2024 and two cases are under the Excise Act of the year 2026, which are pending. Therefore, in view of the seriousness of the offence, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant - Praveen Kashyap, involved in Crime No. 150/2025 registered at Police Station Excise Department Ambikapur, District- Surguja (C.G.), for the offence punishable under Section 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil