1 CGHC010253252026 2026:CGHC:32338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6798 of 2026 Sikandar Gawel S/o Shiv Kumar Gawel Aged About 28 Years R/o Village Bundeli, P.S. Malkharoda, District- Sakti Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Malkharoda, District- Sakti Chhattisgarh. ... Non-applicant For Applicant : Mr. P. Acharya, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 0046/2026 registered at Police Station – Malkharoda, District – Sakti (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, on 01.02.2026, the Police Station Malkharoda, District Sakti, received secret information through an informant that certain persons were planning to illegally transport ONEREX syrup in a motorcycle and a Wagon-R car bearing Registration ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.29 16:49:43 +0530 2 No. CG-13-BF-3626 via Adbhar Road towards Pota for the purpose of illegal sale. Acting upon the said information, the police intercepted the vehicles and apprehended the accused persons, namely: (1) Krishan Kumar Dadsena, S/o Late Siyaram Dadsena, aged about 32 years, (2) Dhararam Kurre, S/o Late Hetram Kurre, aged about 35 years, resident of Chotegunda, Raigarh (C.G.), (3) Sikandar Gawel, S/o Late Shiv Kumar Gawel, aged about 26 years, and (4) Krishna Kumar Jangade, S/o Anil Kumar, aged about 28 years, both residents of Bundeli Chowki, Adbhar, Police Station Malkharoda, District Sakti (C.G.). During the search, the police allegedly recovered 94 sealed bottles of ONEREX syrup, containing a total quantity of 9 litres 400 ml, valued at approximately Rs. 18,894. The police also seized one black-coloured Honda SP-125 motorcycle bearing a sold-written number plate and one white-coloured Wagon-R car bearing Registration No. CG-13-BF-3626. The total value of the seized property was stated to be approximately Rs. 3,18,894. Thereafter, the police registered an offence under Section 21(B) of the NDPS Act, 1985 at Police Station Malkharoda, District Sakti (C.G.). It is further the case of the prosecution that a panchnama was prepared and forwarded to the SDOP, Sakti, for necessary action. 3. It is further the case of the prosecution that, during the search, the present applicant, Sikandar Gawel, along with co-accused Shiv Kumar Gawel, was allegedly travelling on a bicycle, and 34 bottles of ONEREX syrup, containing approximately 3 litres 400 ml, were allegedly recovered from their possession. It is further alleged that the remaining co-accused were travelling in the Wagon-R car, from which 60 bottles of ONEREX syrup, each containing 100 ml, having a total quantity of 6 litres and valued at approximately Rs. 12,060, were allegedly recovered. Thereafter, an FIR dated 02.02.2026 was registered at Police Station 3 Malkharoda, District Sakti, Chhattisgarh, for the offence punishable under Section 21(B) of the NDPS Act, 1985. 4. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article were not seized from the possession of the present applicant. He also submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. He further submits that the present applicant has no criminal antecedents and he is in jail since 02.02.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned State Counsel appearing for the State opposes the bail application and submits that the present applicant was apprehended during a raid conducted on the basis of secret information. It is submitted that 34 bottles of ONEREX syrup containing approximately 3 litres 400 ml were recovered from the possession of the present applicant and the co-accused. It is further submitted that the present applicant is stated to have been piloting the Wagon-R car bearing Registration No. CG-13-BF-3626, in which the remaining co-accused persons were allegedly transporting the aforesaid contraband. Thus, the applicant had an active role in the commission of the alleged offence. Considering the nature and gravity of the offence, the recovery effected, and the active involvement of the present applicant in the illegal transportation of the contraband, it is prayed that the present bail application deserves to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and 4 gravity of the allegations, the quantity of the contraband allegedly recovered, and the material available in the case diary, this Court is of the prima facie view that the present applicant was actively involved in the commission of the alleged offence. It is alleged that the applicant was piloting the Wagon-R car bearing Registration No. CG-13-BF-3626, in which the co-accused persons were allegedly transporting the contraband. It is further alleged that 34 bottles of ONEREX syrup containing approximately 3 litres 400 ml were recovered from the possession of the present applicant and the co-accused. In view of the applicant's prima facie involvement and the seriousness of the allegations, this Court does not find it to be a fit case for grant of bail. 8. Accordingly, the bail application of the applicant – Sikandar Gawel, involved in Crime No. 0046/2026 registered at Police Station – Malkharoda, District – Sakti (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 forthwith. Sd/- (Ramesh Sinha) ChiefJustice Abhishek