1 2026:CGHC:11459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2197 of 2026 Nandan Mishra S/o Pramod Mishra Aged About 20 Years, R/o Village- Majhgaon Tahsil - Devtalab District- Rewa (M.P.) ... Applicant versus State of Chhattisgarh Through- The Station House Officer Police Station Kabirnagar, Raipur District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Jitendra Shukla, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.185/2025, registered at Police Station: Kabirnagar, Raipur District- Raipur (C.G.) for the offences punishable under Sections 21(C)and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution case, information was received from an informant on 25.08.2025 that near Sondongari Pond, two boys were present with one bag, one gunny bag, and one carton containing the contraband psychotropic medicine TUSCOREX Cough Syrup, and that they were standing on the culvert near BSUP Colony on the road near the pond and were attempting to transport the said material to some other place. After recording the information in the Rojnamcha, Constable Gajendra Sahu PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.11 12:36:28 +0530 2 was sent to summon witnesses. Witnesses Dinesh Khare and Shankar Shamra were informed about the legal proceedings. Thereafter, after conducting the necessary proceedings as mandated under the NDPS Act, the police reached the place of the incident along with the investigation kit and searched for the suspects. The suspects were found sitting on the culvert and attempted to run away; however, after barricading the area, they were apprehended. A notice under Section 50 of the NDPS Act was served, and after obtaining their consent for the search, one plastic gunny bag containing Gulab Chawal, one cardboard carton, and one green-blue bag were recovered. From the gunny bag, 33 bottles of 100 ml each of TUSCOREX Cough Syrup were seized. Further, from the place shown by them near a kiosk, 37 bottles of 100 ml each of TUSCOREX Cough Syrup were recovered from the carton. In total, 70 bottles of 100 ml each, i.e., 7000 ml of TUSCOREX Cough Syrup, were seized. Additionally, Rs. 17,500/- and a mobile phone were seized from the possession of Rahul Banjare, the co-accused. From the possession of the present applicant, 30 bottles of 100 ml each, totaling 3000 ml of TUSCOREX Cough Syrup, were recovered from one green-blue bag. In their memorandum statements, they stated that the psychotropic substance TUSCOREX Cough Syrup had been given to them by Surendra Singh for the purpose of selling it. 3. On the basis of this information, the FIR was registered. During the investigation, on the memorandum of co-accused Surendra Singh, who is a worker of Blue Dart Courier Service, it was revealed that the syrup was ordered by Aadiraj Medicals. Out of the three cartons ordered, only two cartons were delivered, while one carton was not delivered and was allegedly handed over to a helper of Blue Dart Courier Service, i.e., the co-accused person, for selling. Based on the information obtained from 3 the memorandum, the present applicant was made accused in the case. Thereafter, upon completion of the investigation, a charge-sheet was filed before the learned concerned Court. Based on these allegations, the aforesaid offences have been registered against the present applicants. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the alleged psychotropic substance was recovered from an open place and not from the conscious possession of the applicant. It is also contended that the police have prepared a false seizure memo with the intention of falsely implicating the applicant in the present criminal case. Learned counsel further submits that the co-accused persons in the present case have already been granted bail by this Court vide order dated 22.01.2026 passed in MCRC No. 8397/2025. It is also submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed and the applicant is in judicial custody since 25.08.2025. Considering that the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed. He further submits that from the applicant/accused Nandan Mishra, 30 bottles each containing 100 ml, totaling 3000 ml (03 liters) of the psychotropic substance prohibited Tuscorex cough syrup were seized. In the present case, the total quantity of the seized intoxicating Tuscorex syrup from the joint possession of the applicant and co-accused persons is 10,000 milliliters (10 liters), which is much more than the commercial quantity. Hence, his bail application is liable to be dismissed. 4 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and the fact that from the applicant/accused Nandan Mishra, 30 bottles each containing 100 ml, totaling 3000 ml (03 liters) of the psychotropic substance prohibited Tuscorex cough syrup were seized, further in the present case, the total quantity of the seized intoxicating Tuscorex syrup from the joint possession of the applicant and co-accused persons is 10,000 milliliters (10 liters), which is much more than the commercial quantity, and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted and the trial is in progress, the bail application of applicant – Nandan Mishra, involved in Crime No.185/2025, registered at Police Station: Kabirnagar, Raipur District- Raipur (C.G.) for the offences punishable under Sections 21(C)and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti