1 2026:CGHC:24060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3075 of 2026 Dileshwar Mehar S/o Mohanlal Mehar Aged About 19 Years R/o.- Lohara Chatti, Police Station Sohela, District- Bargarh (Odisha). --- Applicant(s) versus State Of Chhattisgarh Through- The Station House Officer Police Station Arang, District Raipur (C.G.) --- Respondent(s) MCRC No. 3445 of 2026 Nikhil Sinha S/o Budhram Sinha Aged About 19 Years R/o Ganganagar, Bhanpuri, P.S. Khamtarai, District Raipur (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station Aarang Raipur, District Raipur (C.G.) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 --- Respondent(s) For Applicant(s) in MCRC No.3075 of 2026 : Mr. Shikhar Sharma, Advocate. For Applicant(s) in MCRC No.3445 of 2026 : Mr. Bharat Lal Sahu, Advocate. For Respondent(s) : Ms. Ritika Verma, P.L. Order on Board 16/06/2026 1. The above mentioned two bail application arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 08/2026 registered at Police Station Aarang Raipur, District Raipur (C.G.) under Section 21(C) and 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 3. Case of the prosecution, in brief, is on 03.01.2026, acting upon a secret information, the police of Police Station Arang, District Raipur, conducted a search near the old toll plaza at Village Lakhauli in compliance with the provisions of the NDPS Act. During the search, the police intercepted a pickup vehicle bearing Registration No. CG-04-ND-6040, allegedly in the joint 3 possession of the applicants and other co-accused persons. From the vehicle, the police recovered 1 kilogram of Ganja and 75 bottles (100 ml each) of Kuf Relief Codeine Phosphate & Triprolidine Hydrochloride Syrup, totaling 7.5 litres. The seized contraband was alleged to be of commercial quantity. Consequently, Crime No. 08/2026 was registered at Police Station Arang for offences punishable under Sections 21(C) and 20(B) of the NDPS Act, and after completion of investigation, a charge-sheet was filed and the applicants were arrested. Hence, the bail application. 4. Learned counsel for the applicants jointly submit that the applicants are innocent and have been falsely implicated in the case, having no nexus with the alleged incident. They further submit that the applicants have been falsely implicated in the present case. The prosecution has failed to comply with the mandatory provisions of the N.D.P.S. Act and the FIR has been registered without conducting a fair and proper investigation into the allegations. They also submit the applicants have neither committed the alleged offence nor was any contraband recovered from his conscious possession. The alleged Ganja and prohibited medicinal syrup were not seized from the applicants, and they have been implicated merely on suspicion without any cogent material connecting him with the alleged offence. They later submit that the allegations levelled against the applicants are false, fabricated and devoid of merit. There is no clinching, 4 reliable or dependable material on record to establish due compliance of the mandatory provisions, particularly Section 42 of the N.D.P.S. Act, thereby rendering the prosecution case doubtful at this stage. The applicants are in jail since 03.01.2026 and the conclusion of the trial may take quite long time. Accordingly, they pray for enlarging the applicants on regular bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that in compliance of the Court’s order dated 12.05.2026, the concerned Investigating Officer has filed an affidavit disclosing the weight of the contraband article recovered. She also submits that from the vehicle in which the applicants were traveling carrying the contraband substance, 1 kg of Ganja and 75 bottles (100 ml each) of Kuf Relief Codeine Phosphate & Triprolidine Hydrochloride Syrup, totaling 7.5 litres has been seized and the quantity of syrup is above the commercial quantity as prescribed under the NDPS Act, therefore, the present applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the impugned order and affidavit filed by the concerned Investigating Officer, it transpires that on 03.01.2026, 5 acting upon a secret information, the police of Police Station Arang intercepted a pickup vehicle bearing Registration No. CG- 04-ND-6040 in which applicant along with other co-accused persons were traveling carrying the contraband substance and recovered 1 kilogram of Ganja along with 75 bottles (100 ml each) of Codeine Phosphate and Triprolidine Hydrochloride Syrup, totaling 7.5 litres. During the course of hearing, a discrepancy was noticed with regard to the calculation of the quantity of the seized cough syrup, pursuant to which an affidavit was filed by the Investigating Officer in compliance with the order of this Court dated 12.05.2026. In the said affidavit, the Investigating Officer has clarified that although the seizure memo specifically records seizure of 75 bottles containing 100 ml each of the aforesaid syrup, totaling 7.5 litres, which is much above the commercial quantity as prescribed under the NDPS Act, and due to an inadvertent error the same could not be properly reflected while mentioning the total quantity. The Investigating Officer has tendered an unconditional apology for the said mistake and has placed on record the seizure memo and list of seized articles in support of the prosecution case. Thus, at this stage, there appears to be prima facie material indicating recovery of the aforesaid contraband from the vehicle in which applicants along with other co-accused persons were traveling carrying the same, and the explanation furnished by the Investigating Officer sufficiently clarifies the discrepancy regarding the quantity of the 6 seized syrup, this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 8. Accordingly, the bail application of the applicants - Dileshwar Mehar and Nikhil Sinha, involved in Crime No. 08/2026 registered at Police Station Aarang Raipur, District Raipur (C.G.) under Section 21(C) and 20(B) of the NDPS Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil