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2026 DAILYLAW 25991 (CHH)

SARFARAZ ANSARI v. STATE OF CHHATTISGARH

MCRC/4814/2026 · 2026-07-08

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Judgment text

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1 CGHC010195402026 2026:CGHC:28575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4814 of 2026 Sarfaraz Ansari S/o Shabbir Ansari Aged About 44 Years R/o Ward No. 12, Ramanujganj, Thana - Ramanujganj, District Balrampur- Ramanujganj Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Divisional Flying Squad Excise Division, District Surguja Chhattisgarh ... Respondent For Applicant : Ms. Astha Patel, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.150/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.11 18:09:34 +0530 2 Divisional Flying Squad Excise Division, District Surguja Chhattisgarh for the offence punishable under Section 21 (c) of NDPS Act. 2. Case of the prosecution, in brief, is that on 20.11.2025, during routine patrolling at Ramanujganj, the Assistant District Excise Officer, namely Shri Ranjit Kumar Gupta, allegedly received information from an informant near a liquor shop that two individuals were intending to supply cough syrup in the Paltan Ghat area. Acting upon the said information, the District Excise Officer, after being informed telephonically, summoned independent witnesses and, without obtaining any search warrant, proceeded along with his staff to the said location. Upon reaching Paltan Ghat, the officials intercepted a suspicious motorcycle bearing registration No. CG 15 CF 8372 (Bajaj Platina). Upon inquiry, the rider disclosed his name as Sarfaraz Ansari. It is alleged that upon search of the said motorcycle, 60 units of Onerex Cough Syrup were recovered from a yellow printed sack allegedly in possession of the accused. On the basis of the aforesaid recovery, the authorities formed an opinion that sufficient material existed against the accused, and he was accordingly arrested. After completion of investigation, a case has been registered against the accused under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is 3 submitted that the applicant is a daily wage labourer who was merely carrying a sack at the direction of another person and had no knowledge of its contents. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 20/11/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She would further submit that the contraband article i.e Onerex Cough Syrup recovered from the possession of the applicant, which is above the commercial quantity and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the contraband article i.e Onerex Cough Syrup which has been seized from the possession of the applicant is above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant Sarfaraz Ansari, involved in Crime No.150/2025 registered at Police Station Divisional Flying Squad Excise Division, District Surguja 4 Chhattisgarh for the offence punishable under Section 21 (c) of NDPS Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri