1 2026:CGHC:2744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 567 of 2026 1 - Atul Yadav S/o Murari Lal Yadav Aged About 24 Years R/o Village- Bhatko, P/s- Batouli, District- Sarguja (C.G.) 2 - Sugrit @ Pintu Yadav S/o Raj Ji Yadav Aged About 20 Years R/o Village- Murtadand, P/s- Batouli, District- Sarguja (C.G.) ...Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Basantpur District Balrampur- Ramanujganj (C.G.) ... Non-applicant For Applicants : Ms. Astha Patel, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2026 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 applicants who have been arrested in connection with Crime No. 193/2025 registered at Police Station – Bansantpur District – VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.19 16:57:30 +0530 2 Balrampur-Ramanjuganj (C.G.), for the offence punishable under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief is that on 16 October 2025, the ASI posted at Wadrafnagar Police Outpost received reliable information that three persons were illegally transporting Codext-R cough syrup, a psychotropic substance, in a white Innova Crysta bearing registration No. UP-70-ED-7182. The said information was duly recorded in the daily diary, and thereafter the police party proceeded to Wadrafnagar Main Road along with independent witnesses. The vehicle was intercepted and, after obtaining consent from the occupants, a search was conducted on the spot in accordance with law. During the search, five cartons containing a total of 495 vials (100 ml each) of Codext-R cough syrup were allegedly recovered, out of which 195 vials were recovered from the possession of Nageshwar Yadav, 200 vials from Atul Yadav, and 100 vials from Sugreev alias Pintu Yadav. On the basis of the said recovery, all the accused persons were arrested, and an FIR was registered on 16.10.2025 for the offences punishable under Sections 21(c) and 29 of the NDPS Act. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. The applicants are presumed to be innocent until proven guilty, and their continued incarceration without cogent and substantial evidence amounts to a violation of their fundamental rights. The present crime, being Crime No. 193/2025 registered at Police Station Basantpur, District Balrampur-Ramanujganj (C.G.) for the alleged offences under 3 Sections 21(c) and 29 of the NDPS Act, has been falsely foisted upon the applicants. The applicants have already been arrested and the investigation is substantially complete; therefore, their further custodial detention is not required. Even as per the prosecution version, the alleged contraband vials were shown to be recovered separately from each accused and not jointly, and there is no material on record to establish common intention, conscious possession, or conspiracy so as to attract Section 29 of the NDPS Act. The applicants were merely drivers of the vehicle in question, which is owned by another person, and they were returning from Banaras after visiting a pilgrimage site, having no knowledge about the alleged substance found in the vehicle, which was allegedly handled and managed by some other person. The applicants have deep roots in society, are permanent residents as mentioned in the cause title, and there is no likelihood of their absconding or tampering with the evidence. This is the first bail application filed by the applicants and no previous bail application has been rejected by any court. The applicants have cooperated with the investigation and undertake to continue doing so, are ready to furnish adequate surety, and shall abide by all the terms and conditions that may be imposed by this Hon’ble Court. 4. Learned State Counsel opposes the bail application and submits that, on 16.10.2025, acting on reliable prior information duly recorded in the daily diary, the police intercepted a white Innova Crysta and, after conducting a lawful search in the presence of independent witnesses, recovered 495 vials of Codext-R cough syrup, a psychotropic substance, from the possession of the accused persons, which constitutes a commercial quantity. On the basis of the said recovery, 4 offences under Sections 21(c) and 29 of the NDPS Act were rightly registered. Considering the serious nature of the offence, the clear recovery, and the statutory bar under Section 37 of the NDPS Act, the applicants are not entitled to 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, as well as the nature and gravity of the offence, it is evident that on 16.10.2025, on the basis of specific and reliable information duly recorded in the daily diary, the Assistant Sub-Inspector of Wadrafnagar Police Outpost, along with police staff and independent witnesses, intercepted the white Innova Crysta bearing registration No. UP-70-ED-7182 and conducted a search with the consent of the accused persons. During the said search, a total of 495 vials of Codext-R cough syrup (100 ml each), which is above the commercial quantity, were recovered from the possession of the applicants/accused, namely Nageshwar Yadav, Atul Yadav, and Sugreev alias Pintu Yadav. On the basis of the said recovery, offences under Sections 21(c) and 29 of the NDPS Act were registered, and during the course of investigation sufficient material has been collected indicating the involvement of the applicants/accused in the commission of the alleged offence. The offence alleged is serious in nature and attracts the stringent provisions and statutory bar contained under Section 37 of the NDPS Act. Considering the recovery of contraband in commercial quantity, the gravity of the offence, and the overall facts and circumstances of the case, this Court is of the considered view that the applicants/accused are not entitled to the 5 benefit of bail at this stage. Accordingly, the bail applications filed by the applicants/accused are hereby rejected. 7. Accordingly, the bail application of the applicant – Atul Yadav & Sugrit @ Pintu Yadav, involved in Crime No. 193/2025 registered at Police Station – Bansantpur District – Balrampur-Ramanjuganj (C.G.), for the offence punishable under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice vaibhav