1 2026:CGHC:1760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 310 of 2026 Lalit Gupta S/o Bishikeshan Gupta Aged About 43 Years R/o Kharra, Police Station Tamnar, District : Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Tamnar, District : Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Tarkeshwar Nande, Advocate For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 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. 222/2025 registered at Police Station – Tamnar, District : Raigarh (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 29.09.2025, during patrolling near Village Hijhar Tiraha within the jurisdiction of Police Station Tamnar, District Raigarh, Head Constable Vipin Patel of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Police Station Tamnar seized from accused Ashok Behera ten bottles (total 1000 ml) of banned intoxicating syrup containing Ornex Codeine Phosphate and Triprolidine Hydrochloride, along with three strips of prohibited intoxicating capsules and one Vivo mobile phone. Further, ten bottles (total 1000 ml) of illegal intoxicating syrup were seized from accused Lalit Gupta (present applicant), and five bottles (total 500 ml) of illegal intoxicating syrup were seized from accused Sushil Rathiya, along with one Platina motorcycle bearing registration No. CG-13-BB-3242 from their illegal possession. On the basis of the said seizure, a case bearing Crime No. 222/2025 was registered under Section 21(C) of the NDPS Act, and the accused persons were arrested and the matter was taken up for investigation. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. It is contended that the memorandum statement was recorded on the questioning of co-accused Chhotu Yadav @ Karunakar Yadav, who admitted his involvement in the purchase and sale of intoxicating tablets and syrups, pursuant to which a touchscreen mobile phone (Narzo 50-i) was seized from him, and after investigation, accused Dhanurjay Yadav was declared absconding and the charge-sheet was filed against the remaining accused. The applicant has no criminal antecedents and is a labourer by occupation, solely dependent upon manual labour for his livelihood, and has no parents and two minor children to support. It is further submitted that prolonged pre-trial detention of the 3 applicant would cause severe hardship and starvation to his dependent family members. Reliance is placed upon the judgment of the Hon’ble Bombay High Court in Kunal Dattu Kadu vs. Union of India, 2022 SCC OnLine Bom 1770, following the decision of the Hon’ble Supreme Court in Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, wherein it has been held that while considering a bail application under the NDPS Act, the Court must be satisfied that there are reasonable grounds for believing that the accused is not guilty. It is further submitted that the investigation is complete, the charge-sheet has already been filed, no satisfactory evidence has been adduced to show that the applicant was involved in the sale of Ornex Codeine Phosphate and Triprolidine Hydrochloride Syrup, and the applicant has been in judicial custody since 14.09.2025 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that huge quantities of banned intoxicating syrup containing Codeine Phosphate were seized from the accused persons during patrolling, and a case has been registered under Section 21(C) of the NDPS Act. It is further submitted that two co- accused persons, namely, Sushil Rathiya and Chhotu Yadav have already been rejected bail by this Hon’ble Court in MCRC No. 9077/2025 and MCRC No. 9844/2025 vide order dated 16.12.2025, and therefore, considering the gravity of the offence, the present applicant is also not entitled to grant of bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the seizure of commercial quantity of banned intoxicating syrup from the present applicant and other co-accused persons, the seriousness and gravity of the offence under Section 21(C) of the NDPS Act, and the fact that two co-accused persons, namely, Sushil Rathiya and Chhotu Yadav have already been denied bail by this Court in MCRC No. 9077/2025 and MCRC No. 9844/2025 vide order dated 16.12.2025, hence, this Court is not inclined to grant bail to the present applicant. 7. Accordingly, the bail application of the applicant – Lalit Gupta, involved in Crime No. 222/2025 registered at Police Station – Tamnar, District : Raigarh (C.G.), for the offence punishable under Section 21(C) 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan