1 2026:CGHC:22365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3340 of 2026 Dilip Gupta @ Bhaltu S/o. Manoj Gupta Aged About 21 Years R/o. Village- Godarmana, Main Market, P/s Ranka, Distt.- Gadhwa (Jharkhand) ... Applicant versus State Of Chhattisgarh Through Police Station Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Rahul Mishra, Advocate For Non-applicant : Ms. Ritika Verma, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.170/2025, registered at Police Station – Ramanujganj, Distt.- Balrampur- Ramanujganj (C.G) for the offence punishable ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.14 19:04:37 +0530 2 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. That, as per the prosecution case in brief, on 12.10.2025 the Police received secret information from an informant that one person was carrying and selling narcotic injections and tablets near Ward No.3 Ring Road Bridge. Acting upon the said information, the Police reached the spot where one person, namely Mantu Kumar Soni, was found sitting near the bridge and, upon seeing the Police party, attempted to flee but was apprehended. During search of the orange coloured market bag carried by him, the Police allegedly recovered Rexogesic Injections 0.3 mg/ml, 210 Alprazolam Tablets 0.50 mg and 05 Pheniramine Maleate Injection I.P. Avil. It is further alleged that, in his memorandum statement, co-accused Mantu Kumar Soni disclosed that he had purchased the seized contraband from the present applicant Dilip Gupta @ Bhaltu. On the basis of the said memorandum statement and material collected during investigation, the present applicant was arrested and offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against him. 3. Learned counsel for the applicant submits that the applicant is 3 innocent and has been falsely implicated in the present case. It is further submitted that no contraband article has been recovered from the possession of the present applicant and he has been arrested solely on the basis of the memorandum statement of the co-accused, which is inadmissible in evidence. Counsel further submits that the mandatory provisions of the NDPS Act were not properly complied with during investigation by the Police of Police Station Ramanujganj. It is also submitted that the applicant is in judicial custody since 12.10.2025, hence, he is enlarged on bail. 4. Learned State counsel opposed the bail application and submitted that commercial quantity of narcotic injections and psychotropic tablets, namely 07 Rexogesic Injections, 210 Alprazolam Tablets and 05 Pheniramine Maleate Injections, has been seized in the present case, which is above the prescribed commercial quantity under the NDPS Act. It is further submitted that looking to the seriousness of the offence, the nature and gravity of allegations, the bar contained under Section 37 of the NDPS Act and the prima facie material available on record, the applicant is not entitled 4 to the benefit of bail. Hence, the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further taking into account that commercial quantity of contraband articles, namely 07 Rexogesic Injections, 210 Alprazolam Tablets and 05 Pheniramine Maleate Injections, has been seized in the present case, which is above the prescribed commercial quantity under the NDPS Act, this Court finds that the allegations against the applicant are of serious nature. Looking to the seriousness and gravity of the offence, the bar contained under Section 37 of the NDPS Act. Therefore, the applicant is not entitled to the benefit of regular bail. 7. Accordingly, the first bail application of the applicants – Dilip Gupta @ Bhaltu involved in Crime No.170/2025 registered at Police Station – Ramanujganj, Distt.- Balrampur- Ramanujganj (C.G) for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 5 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/- Sd/- (Ramesh Sinha) Chief Justice Arpan