1 CGHC010341612026 2026:CGHC:41411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8495 of 2026 Hussain Khan S/o Late Abdul Rahman Khan, Aged About 38 Years R/o Gokul Nagar, Nai - Basti Gali No. 1 Tikrapara, Police Station - Tikrapara, Distt. - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station - Tikrapara, District - Raipur (C.G.) ... Non-applicant(s) For Applicant : Mr. K.N. Nande, Advocate. For Non-applicant/State : Mr. K.S. Saini, Deputy Government Adv. Hon'ble Shri Rakesh Mohan Pandey, Judge Order on Board 23.09.2026 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.600/2025, registered at Police Station Tikrapara, District Raipur (C.G.), for the offence punishable under Sections 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of prosecution in brief is that on 03.08.2025, on the basis of secret information regarding sale and purchase of heroin/chitta, a KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 raid was conducted by concerned Police at EWS-B Block, House No.504, Sector-04, Kamal Vihar, Raipur, where co-accused Suvit Shrivastava, Lovjeet Singh and Ashwan Chandravanshi were found present. From the possession of co-accused Suvit Shrivastava, 10.23 grams of chitta along with mobile phones and other articles, and from co-accused Lovjeet Singh, 402.64 grams of chitta along with mobile phones and other articles, were seized. During investigation, the applicant Hussain Khan was interrogated on 11.08.2025 and his memorandum statement was recorded, wherein he disclosed that he had been purchasing chitta from co-accused persons through mobile communication and online payments made through the PhonePe account linked with his mother’s bank account. He further disclosed that he had purchased approximately 15-20 grams of chitta for about Rs.95,000/- from co-accused Ashwan Chandravanshi through the QR code linked with his bank account and was also selling the same to others for monetary gain. On the basis of the investigation, the applicant has been implicated for his alleged involvement in the organised network of purchase and sale of chitta. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. His name does not find mention in the FIR and the persons from whose possession the alleged contraband was recovered were specifically named in the FIR. He would further submits that no contraband has been seized from the actual or conscious possession of the applicant and he has been implicated subsequently only on the 3 basis of his memorandum statement. He further contended that there is no reliable money trail, call detail or other material connecting the applicant with the alleged conspiracy. The applicant has no criminal antecedent, the charge-sheet has already been filed and he is in custody since 11.08.2025. It is also submitted that the applicant is suffering from an ailment in his knee due to an accident. On these grounds, learned counsel prays for grant of bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the present case involves above commercial quantity of contraband, as 412.87 grams of alleged chitta/heroin was recovered from the co-accused persons. He further submits that during investigation, the applicant himself disclosed his involvement in the purchase and sale of chitta and specifically disclosed that he had purchased approximately 15-20 grams of chitta from co-accused Ashwan Chandravanshi for about Rs.95,000/- through online payments made through the PhonePe account linked with his mother’s bank account. The applicant was also allegedly purchasing chitta through mobile communication and subsequently selling the same for monetary gain. It is further submitted that three co-accused persons in the same crime have already been denied bail by the Co-ordinate Bench of this Court, including co-accused Shishir Rai in MCRC No.7965/2025 vide order dated 23.02.2026. Therefore, looking to the nature and gravity of the offence and the material collected during investigation, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case 4 diary and the material available on record. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, particularly that the case involves recovery of 412.87 grams of alleged chitta/heroin from the co-accused persons, which is above the commercial quantity and the specific material collected during investigation indicating the applicant's alleged involvement in the purchase and sale of contraband through mobile communication and online transactions and his own memorandum statement disclosing purchase of approximately 15-20 grams of chitta for about Rs.95,000/- from co-accused Ashwan Chandravanshi through online payment and the allegation that he was further selling the contraband for monetary gain and the fact that three co-accused persons in the same crime have already been denied bail by the Co-ordinate Bench of this Court, including co- accused Shishir Rai in MCRC No.7965/2025 vide order dated 23.02.2026, this Court is of the considered view that the rigour of Section 37 of the NDPS Act is attracted and the applicant has failed to satisfy the twin conditions prescribed therein, particularly when the material collected during investigation prima facie indicates his connection with the illegal trafficking network. The mere fact that no contraband was recovered from the personal possession of the applicant or that his name was not mentioned in the FIR, by itself, would not be sufficient to extend the benefit of bail in the facts of the present case. The filing of charge-sheet and the period of custody also do not, in the circumstances of the case, constitute sufficient grounds for grant of bail. 5 7. Accordingly, the bail application of applicant – Hussain Khan, involved in Crime No.600/2025, registered at Police Station Tikrapara, District Raipur (C.G.), for the offence punishable under Sections 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. Sd/- (Rakesh Mohan Pandey) Judge Kunal