1 2026:CGHC:23337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4634 of 2026 Dharam Singh S/o Mandhar, Aged About 34 Years R/o Vijay Ward No. 02, Panarapara, Jagdalpur, District- Bastar (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Bodhghat, Jagdalpur, District- Bastar (C.G.) ... Non-applicant For Applicant : Mr. Sunil Verma, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2026 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. 481/2025 registered at Police Station – Bodhghat, Jagdalpur, District- Bastar (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, on 23.10.2025 at about 23:30 hours, on the basis of secret information received from a mukhbir, the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.05.20 11:23:41 +0530 2 intercepted and searched the possession of the accused/suspect, from where a plastic bag containing Pyeevon Spas Plus capsules (Dicyclomine HCl, Tramadol HCl and Acetaminophen) was recovered. It is alleged that 75 strips were found, each strip containing 8 capsules, totalling 600 capsules, having a total weight of approximately 402 grams. It is further the prosecution case that on the basis of the memorandum statement of the applicant, information was revealed regarding one Sheikh Mohammad Hasan, who is allegedly involved in illegal trade of narcotic capsules and syrups from a medical store at Kumliput, Boriguma, Odisha. During investigation, it is alleged that from the said person, 147 strips of similar capsules (1176 capsules, weighing 787.92 grams) and 190 injections of Pentazocine Lactate Injection I.P. (1 ml each, total 190 ml) were also recovered. Accordingly, a case was registered for the offence punishable under Section 21(c) of the NDPS Act against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in Crime No. 481/2025 registered at Police Station Bodhghat, Jagdalpur, District Bastar, for the offence under Section 21(c) of the NDPS Act. It is contended that the rigours of Section 37 of the NDPS Act are not strictly attracted in the facts of the present case, and even otherwise, there exist reasonable grounds to believe that the applicant is not guilty of the alleged offence and is not likely to commit any offence while on bail, as the arrest is based merely on suspicion. Learned counsel further submits that the alleged recovery is doubtful and not from the conscious possession of the applicant, and the prosecution case rests on assumptions without any independent corroboration. It is also submitted that the alleged quantity 3 has been wrongly calculated by treating the gross weight of capsules as narcotic substance, whereas only the active ingredient (Tramadol) can be considered, which falls below the commercial quantity threshold. It is further contended that no independent witness from the locality has supported the alleged recovery, and the so-called witnesses are from distant areas. It is also submitted that no incriminating material was recovered from the house of the applicant, and the premises do not belong to him. The applicant has no criminal antecedents and is not a habitual offender, and charge-sheet has already been filed, making custodial interrogation unnecessary. It is further submitted that the applicant has been in judicial custody since 23.10.2025, is a permanent resident having movable and immovable property, and there is no likelihood of absconding or tampering with evidence. The applicant is a daily wage labourer and sole breadwinner of his family, and his continued incarceration is causing severe hardship and affecting his family’s livelihood and children’s education. It is also submitted that the FIR does not attribute any specific role to the applicant in transportation, possession, or financing of the alleged contraband, and no nexus with co-accused has been established. The applicant undertakes to abide by all conditions imposed by this Hon’ble Court and prays for grant of bail. 4. On the other hand, learned State counsel opposed the bail application and submitted that the material collected during investigation prima facie establishes the involvement of the present applicant in the commission of the offence. It is contended that acting on secret information, the police recovered a plastic bag containing 600 capsules of Pyeevon Spas Plus (Dicyclomine HCl, Tramadol HCl and 4 Acetaminophen), weighing about 402 grams, from the possession of the accused/suspect, which itself indicates involvement in illegal trafficking of psychotropic substances. It is further submitted that on the basis of the memorandum statement of the applicant, further recovery was effected from one Sheikh Mohammad Hasan, from whom a large quantity of similar capsules and Pentazocine injections were seized, thereby showing a wider network of illicit trade. Learned State counsel submits that the investigation clearly discloses the applicant’s active involvement in the illegal trade of narcotic substances and attracts Section 21(c) of the NDPS Act. It is further contended that in view of the recovery of commercial quantity and the statutory bar under Section 37 of the NDPS Act, the applicant is not entitled to the benefit of 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, the nature and gravity of the offence, and the material available on record, it is evident that a plastic bag containing 600 capsules of Pyeevon Spas Plus (Dicyclomine HCl, Tramadol HCl and Acetaminophen), weighing about 402 grams, was recovered from the possession of the accused/applicant, which is stated to be a commercial quantity as per the Schedule under the NDPS Act. The recovery of such a substantial quantity prima facie indicates the involvement of the applicant in the illicit trafficking of narcotic substances, which constitutes a serious offence under the NDPS Act. In view of the aforesaid facts and material on record, this Court does not find any good ground to entertain the 5 present bail application. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Dharam Singh, involved in Crime No. 481/2025 registered at Police Station – Bodhghat, Jagdalpur, District - Bastar (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav