1 CGHC010222502026 2026:CGHC:31009 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5167 of 2026 Harsh Kadam S/o Shri Pradeep Rao Kadam Aged About 28 Years R/o Govindpur Kanker, Police Station Kanker, District- Uttar Bastar Kanker (C.G.) --- Applicant(s) versus The State Of Chhattisgarh Through The Station House Officer, Police Station -Kanker, District- Uttar Bastar Kanker (C.G.) --- Non-applicant(s) For Applicant : Mr. Vivek Bhakta, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. MCRC No. 5544 of 2026 Akash Gajbhiye S/o Late Shri Vbijaykant Gajbhiye Aged About 28 Years R/o Uday Nagar Pwd Ward Kanker Thana Kanker District North Bastar Kanker C.G. ---Applicant(s) Versus State Of Chhattisgarh Throgh- The Station House Officer Police Station Kanker District North Bastar Kanker C.G. … Non-applicant(s) For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.07.2026 1. Since the above bail applications are arising out of same crime number and same Police Station and same offences so they are being heard and decided by this common order 2. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 121/2026 registered at Police Station Kanker District – Uttar Bastar Kanker (C.G.) for the offence under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. As per the prosecution story, acting on a secret information received from the informer, the police apprehended the present applicants, namely, Harsh Kadam and Akash Gajbhiye, along with the co-accused Manish Singh Rathore. During search and seizure proceedings, 03 bottles (100 ml each, total 300 ml) of Codeine Phosphate & Triprolidine Hydrochloride Cough Syrup were allegedly recovered from the possession of the applicant Harsh Kadam, 03 bottles (100 ml each, total 300 ml) of the said cough syrup were allegedly recovered from the possession of the applicant Akash Gajbhiye, and 09 bottles (100 ml each, total 900 ml) were recovered from the possession of the co-accused Manish Singh Rathore, making a total recovery of 1500 ml of the alleged contraband cough syrup. Consequently, an FIR was registered 3 against the present applicants and the co-accused for the offences punishable under Sections 21, 22 and 29 of the NDPS Act. After completion of the investigation, charge-sheet has been filed before the competent Court and the case is presently pending for trial. 4. Learned counsel appearing for the applicants submits that the present applicants have been falsely implicated in the instant case and have not committed any offence as alleged. It is submitted that only 03 bottles (100 ml each, total 300 ml) of the alleged Codeine Phosphate & Triprolidine Hydrochloride Cough Syrup were recovered from the possession of each of the present applicants and the quantity allegedly recovered is below the commercial quantity, therefore, the rigours of Section 37 of the NDPS Act are not attracted. It is further submitted that the investigation has been completed and the charge-sheet has already been filed, therefore, no further custodial interrogation of the applicants is required. Learned counsel further submits that the applicant Harsh Kadam is a Post Graduate student and is preparing for competitive examinations including CGPSC, and his continued incarceration would seriously jeopardize his academic career. It is also submitted that he is the only person available to look after his mother. So far as the applicant Akash Gajbhiye is concerned, it is submitted that the cough syrup allegedly recovered from his possession was meant for his personal use, that there is no material on record to establish his involvement in any illicit trafficking of narcotic substances and that the mandatory provisions relating to search and seizure under the NDPS Act have not been duly complied with. 4 It is further submitted that the trial is likely to take considerable time as the prosecution has cited 23 witnesses, none of whom has yet been examined. Learned counsel also submits that both the applicants have no criminal antecedents, they are in judicial custody since 02.04.2026 and therefore, they deserve to be enlarged on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail applications and submits that the present applicants are specifically named in the FIR and acting on the secret information received by the police, contraband Codeine Phosphate & Triprolidine Hydrochloride Cough Syrup was recovered from the possession of the present applicants as well as the co-accused. It is further submitted that 03 bottles (100 ml each, total 300 ml) of the said cough syrup were recovered from the possession of the applicant Harsh Kadam, 03 bottles (100 ml each, total 300 ml) were recovered from the possession of the applicant Akash Gajbhiye, and 09 bottles (100 ml each, total 900 ml) were recovered from the possession of the co-accused Manish Singh Rathore, and thus, the total quantity of the contraband recovered in the course of the same transaction comes to 1500 ml, which is above the commercial quantity. It is further submitted that the applicant Harsh Kadam has no previous criminal antecedents. However, so far as the applicant Akash Gajbhiye is concerned, he has six criminal antecedents, out of which two cases are registered under the NDPS Act pertaining to the years 2022 and 2025, and besides the said cases, three criminal antecedents are of 5 preventive nature. Thus, the applicant Akash Gajbhiye is a habitual offender. It is, therefore, submitted that considering the nature and gravity of the allegations, the quantity of contraband recovered in the present transaction and the criminal antecedents of the applicant Akash Gajbhiye, both the applicants are not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations, the material available on record and the fact that acting on the basis of secret information, 03 bottles (100 ml each, total 300 ml) of Codeine Phosphate & Triprolidine Hydrochloride Cough Syrup were allegedly recovered from the possession of the applicant Harsh Kadam, 03 bottles (100 ml each, total 300 ml) were allegedly recovered from the possession of the applicant Akash Gajbhiye, and 09 bottles (100 ml each, total 900 ml) were recovered from the possession of the co- accused Manish Singh Rathore, and thus the total quantity of the contraband recovered in the course of the same transaction comes to 1500 ml, which is above the commercial quantity, the specific allegations levelled against the present applicants and further the fact that the applicant Harsh Kadam has no criminal antecedents, however, the applicant Akash Gajbhiye has six criminal antecedents, out of which two cases pertain to offences under the NDPS Act registered in the years 2022 and 2025, besides three criminal antecedents being of preventive nature, indicating that he 6 is a habitual offender and considering the seriousness of the allegations relating to illegal possession of narcotic substance, this Court is not inclined to grant bail to the applicants. 8. Accordingly, the present bail applications filed by the applicants namely- Harsh Kadam and Akash Gajbhiye involved in Crime No. 121/2026 registered at Police Station Kanker District – Uttar Bastar Kanker (C.G.) for the offence under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, stand 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 copy of this order to the concerned trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Kunal