1 2026:CGHC:17898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 704 of 2026 Jitendra Budhwani @ Jeetu S/o Kishanchand Aged About 32 Years R/o Sindhi Colony, Gondia Town, Ps Gondia, District Gondia (Mh) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Chowki Supela Smriti Nagar District Durg (C.G.) ... Non-applicant For Applicant : Mr. Aman Pandey, Advocate For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.04.2026 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. 640/2025 registered at Police Station– Supela Chowki, Smriti Nagar, District- Durg (C.G.), for the offence punishable under Section 22, 8(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 111 of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution in brief is that on 31.05.2025, the police of Police Station Supela, Chowki Smriti Nagar, District Durg, received credible information that the applicants along with other co accused persons were present outside Look and Shine Family Saloon, Katulboard, Bhilai and were attempting to sell psychotropic tablets. Acting upon the said information, the police conducted a raid and apprehended the co accused persons, from whom 45 tablets of Alprazolam were recovered from Lingraj, 130 tablets of Spas Trancan Plus from Somnath Pandey and 144 tablets of Spas Trancan Plus from Santosh Chandrakar, which were duly seized and they were arrested on the spot on 31.05.2025. Thereafter, on the basis of their memorandum statements, the present applicant was implicated and subsequently arrested, and from his possession 1422 strips containing 11376 tablets of Spas Trancan, 20 boxes containing 12000 tablets of Alprazolam and 29 boxes containing 4176 tablets of Spas Proxyvon were seized. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant has no connection with the commission of the alleged offence and has been falsely implicated in the present case. It is further submitted that the co-accused persons have already been enlarged on bail by this Hon’ble Court vide order dated 27.10.2025 passed in MCRC No. 6641 and connected matters. It is also submitted that the applicant is a registered pharmacist and owner of a medical shop having a valid licence to store and keep the medicines in question, however, despite the same, he has been falsely implicated. It is 3 contended that the father of the applicant passed away on 24.11.2025 and at the relevant time the applicant was engaged in post funeral ceremonies and due to certain altercations with the police officials, he has been roped in falsely in the present offence. He further submits that the mandatory provisions of the NDPS Act have not been complied with during investigation and there are serious irregularities in seizure and sampling of the alleged contraband, which are in violation of the circulars issued by the Narcotics Control Bureau. It is further contended that in view of such lapses, the bar contained under Section 37 of the NDPS Act would not apply as the prosecution has failed to properly establish the quantity of the seized contraband. He also submits that the present applicant has no any criminal antecedents, the charge- sheet has been submitted before the competent Court and he is in jail since 02.06.2025 and has undergone more than nine months of detention and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that vide order dated 11.03.2026, this Hon’ble Court had directed the Investigating Officer to file a personal affidavit placing on record the material collected during investigation against the present applicant, and in compliance thereof, the affidavit has been filed. It is submitted that on 31.05.2025, on the basis of credible secret information, the police followed due procedure under the NDPS Act, prepared the necessary panchnama and conducted a raid wherein co accused 4 persons were apprehended along with psychotropic substances. It is further submitted that during investigation, memorandum statements of co accused persons namely Santosh Chandrakar, Somnath Pandey and Lingraj @ Sonu Yadav were recorded, wherein it has specifically come on record that the present applicant Jitendra Budhwani @ Jeetu was the main supplier of psychotropic medicines, who used to procure the same from Gondia and supply it to co accused persons through Manisha Makhija for the purpose of illegal sale in Durg and Bhilai area. It is submitted that acting upon the said memorandum statements and other material collected during investigation, a police team traced the present applicant through his mobile location and apprehended him from his residence at Gondia. Thereafter, after following due procedure and upon his consent, search of his house was conducted, wherein a huge quantity of psychotropic substances was recovered, including 11376 capsules of Spas Trancan Plus, 12000 tablets of Alprazolam and 4176 tablets of Spas Proxyvon. It is further submitted that the applicant failed to produce any valid licence or document authorizing possession of such quantity of psychotropic substances and could not furnish any satisfactory explanation regarding the same. It is also submitted that the seized contraband was duly seized, samples were drawn and sent for FSL examination, and as per the report, the substances were found to contain Dicyclomine, Tramadol, Acetaminophen and Alprazolam. The investigation further revealed nexus between the accused persons through call detail records and after completion of investigation, charge sheet 5 has been filed before the competent Court. In view of the commercial quantity involved and the active role of the present applicant as a supplier, the rigours of Section 37 of the NDPS Act are clearly attracted and therefore, the applicant does not deserve to be enlarged on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations and the material available on record, this Court finds that as per the prosecution case, a substantial and commercial quantity of psychotropic substances has been seized and the present applicant has been specifically implicated on the basis of memorandum statements of co accused persons as well as other incriminating material collected during the course of investigation. It is further pertinent to note that, in compliance of the order dated 11.03.2026 passed by this Court, the Investigating Officer has filed a detailed personal affidavit placing on record the evidence collected during investigation, which prima facie establishes the active role of the present applicant as a supplier of the contraband substances to other co accused persons for illegal sale. The affidavit also reflects that due procedure as contemplated under the provisions of the NDPS Act has been followed, the contraband was duly seized, inventory was prepared before the competent Court, samples were drawn and sent for forensic examination and as per the FSL report, the seized articles contain 6 psychotropic substances. Further, the applicant has failed to produce any valid document or licence to justify possession of such huge quantity of contraband and the investigation also indicates nexus between the accused persons through call detail records. In view of the aforesaid and considering the bar contained under Section 37 of the NDPS Act, this Court is not inclined to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant – Jitendra Budhwani @ Jeetu, involved in Crime No. 640/2025 registered at Police Station– Supela Chowki, Smriti Nagar, District- Durg (C.G.), for the offence punishable under Section 22, 8(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 111 of the Bharatiya Nyaya Sanhita, 2023, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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 Rahul Dewangan