1 CGHC010113922026 2026:CGHC:30045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3044 of 2026 S.K. Md. Hassan S/o S.K. Tofan Aged About 24 Years R/o Main Road Kumiliput, P.S. Ambaguda, District Koraput, Odisha ...Applicant Versus State Of Chhattisgarh Through Station House Office, P.S. Bodhghat, District - Bastar, Chhattisgarh (As Per The F.I.R.) … Non-applicant For Applicant : Mr. Bhupendra Singh, Advocate. For Non-Applicant/State : Mr. Sumit Singh, Dy. A.G. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 481/2025, registered at Police Station : Bodhghat District - Bastar, (C.G.) for the offence punishable under Section 21(C) of the NDPS Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.16 11:11:30 +0530 2 2. The prosecution case, in brief, is that on 22.10.2025, Sub- Inspector Lokeshwar Prasad Nag of Police Station Bodhghat recovered 75 strips of Pyeevon Spas Plus capsules (containing Dicyclomine HCl, Tramadol HCl and Acetaminophen), each strip containing 8 capsules, i.e., 600 capsules weighing 402 grams, from the possession of accused Sheikh Mohammad Hasan. During investigation, on the basis of the memorandum statement of co-accused Dharam Singh, it was revealed that the applicant, who runs Tufan Medical Store at Kumliput, Boriguma, Odisha, was illegally dealing in intoxicating capsules and injections. Acting on the said disclosure, the police recovered 147 strips of Pyeevon Spas Plus capsules, containing 1,176 capsules weighing 787.92 grams, along with 190 Pentazocine Lactate Injection I.P. (1 ml each), totaling 190 ml, from the applicant's possession. According to the prosecution, the seized contraband is of commercial quantity and was being illegally possessed and traded by the applicant. Accordingly, on 23.10.2025, an FIR was registered against the applicant under the relevant provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the investigation was set in motion. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with a mala fide intention and has not committed any offence. It is contended that the name of the applicant does not find mention in the FIR and that he has been implicated solely on the basis of 3 the memorandum statement, which has no evidentiary value by itself. It is further submitted that there is no prima facie material connecting the applicant with the alleged offence and the prosecution case is based on weak, doubtful and fabricated evidence. Learned counsel further submits that the applicant has been in judicial custody since 26.11.2025, the investigation has been completed and the charge-sheet has already been filed, and, therefore, the conclusion of the trial is likely to take considerable time. It is also submitted that the alleged offence is not punishable with death or imprisonment for life. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or interfering with the due process of law, and he is ready to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Court. Hence, it is prayed that the applicant be enlarged on bail. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged. It is submitted that no contraband was recovered from the conscious or exclusive possession of the applicant and that the prosecution case rests solely on the memorandum statement of co-accused Dharam Singh Sahu, who alleged that the recovered intoxicating capsules had been purchased from Tufan Medical Store, Kumliput, Boriguma, Odisha, without any independent corroborative 4 material. It is further submitted that no seizure whatsoever was made from the medical store of the applicant's mother, Smt. Hasina Bibi, which is a duly licensed medical store registered with the Government of Odisha, and no illegal sale of medicines is carried out there. The applicant is a Pharmacy student, and his false implication in the present case is likely to seriously prejudice his academic career and future prospects. It is also submitted that the applicant and his family are respectable members of society, and the allegations have been made only to malign their reputation. The applicant has been in judicial custody since 23.10.2025, therefore, it is prayed that the applicant be enlarged on bail. 5. Learned State Counsel vehemently opposes the bail application and submits that the charge-sheet has already been filed. It is further submitted that, in compliance with the order dated 30.06.2026 passed by this Hon'ble Court, the Investigating Officer has filed an affidavit clarifying the manner of seizure and investigation. As per the prosecution case, in Crime No. 481/2025, registered at Police Station Bodhghat, District Bastar (C.G.) for the offence punishable under Section 21(c) of the NDPS Act, 75 strips of Pyeevon Spas Plus capsules, each containing 8 capsules, totaling 600 capsules, were recovered from the possession of the accused. The accused failed to produce any valid prescription, licence, or any other legal document authorising the possession or sale of the said 5 psychotropic substances. The seized capsules were weighed on an electronic weighing scale in the presence of independent witnesses, and one capsule was found to weigh 0.670 grams, making the total weight of the seized capsules 402 grams, which falls within the commercial quantity under the NDPS Act. It is further submitted that the contraband was duly sealed, a seizure memo, weight and inventory panchnama, and spot map were prepared in accordance with law, and the statements of independent witnesses as well as police personnel were recorded during the investigation. It is, therefore, contended that there is sufficient material collected during the investigation to prima facie establish the applicant's involvement in the commission of the offence involving commercial quantity of psychotropic substances, attracting the rigours of Section 37 of the NDPS Act. Hence, considering the gravity and seriousness of the offence, the applicant is not entitled to the benefit of bail, and the bail application deserves to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Having heard learned counsel for the parties and on perusal of the case diary and other material available on record, this Court finds that 600 Pyeevon Spas Plus capsules weighing 402 grams, which is a commercial quantity, were recovered during the investigation. The applicant could not produce any valid licence, prescription, or document authorizing possession or sale of the 6 seized psychotropic substances. Prima facie, there is sufficient material to connect the applicant with the alleged offence. Since the case involves commercial quantity, the bar contained under Section 37 of the NDPS Act is attracted. At this stage, this Court is not satisfied that the applicant has made out a case for grant of bail. Considering the seriousness of the allegations and the material available on record, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application filed by the accused/applicant is rejected. 9. Accordingly, the bail application of the applicant – S.K. Md. Hassan involved in Crime No. 481/2025, registered at Police Station : Bodhghat District- Bastar, (C.G.) for the offence punishable under Section 21(C) of the NDPS Act, is rejected 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav