1 2026:CGHC:18463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2913 of 2026 • Nilmani Gupta S/o Late Premlal Gupta Aged About 30 Years R/o Village Bijna Tehsil Tamnar, District Raigarh Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Police Station Tamnar, District Raigarh Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Krishna Tandon, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 11/2026, registered at Police Station – Tamnar, District – Raigarh (C.G.) for the offence punishable under Section 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that on the basis of secret information received that on 22.01.2026 some person with Narcotic VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.23 19:20:41 +0530 2 Substance were coming from lailunga towards Milupara. At that time police authority stopped the vehicle and seized 36 strips of Spasmo Proxyvon Plus each containing 8 capsules total 288 Capsules which was being transporting for the purpose of sale was seized out of 36 strips 6 strips were seized from the Applicant and 30 Strips were seized from the Co-accused namely Sunil Behra and Bajaj Pulsar motorcycle and one Motorola mobile phone of blue colour were seized from the possession of the present applicant and thereafter offence is registered U/s 21 (C) and 29 of NDPS Act against the present Applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the joint possession of the applicant and co- accused, less quantity of the psychotropic substance has been seized. It is further submitted that there is no any criminal antecedents of the applicant, and he is in jail since 23.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no any criminal antecedents of the applicant. It is submitted that a total of 36 strips of Spasmo Proxyvon Plus, each containing 8 capsules (amounting to 288 capsules in total), were being transported for the purpose of sale and were seized. Out of these 36 strips, 6 strips were recovered from the possession of the present applicant, from which 14.4 grams of the contraband substance was found, which is less than the commercial quantity, 3 therefore, this bail application is liable to be rejected. 5. In compliance of this Court’s order dated 01.04.2026, Director General of Police has filed his personal affidavit and the relevant paragraph of the affidavit is as follows: 5.That, in compliance whereof, the concerned Investigation Officer of the subject crime number namely Shashi Deo Bhoy, Assistant Sub Inspector, Police Station Tamnar, District Raigarh has submitted his explanation before the concerned Station House Officer, Police Station Tamnar, District Raigarh vide his explanation letter dated 15.04.2026 stating therein that, after taking opinion from the legal officer, the charge sheet has been filed in the matter before the concerned Court and while presenting the charge sheet, the concerned Additional Sessions Judge has directed to submit separate information regarding the quantity of the narcotic substance in the seized narcotic capsules. In this regard, correspondence was made on 22.03.2026 to the Drug Inspector, Office of the Deputy Director, Food and Drug Office, Raigarh, District Raigarh (C.G.) wherein, the seized Spasmo Proxyvon Plus 36 Strips containing 8 capsules in each strip, total 288 capsules, Batch Number XAA10608 and MFG No-Y-25 and EXP-OCT 2027 Dicyclomine Hydrochioride IP 50 MG and Acetaminophen IP 325 MG are mentioned. A report was submitted regarding the quantity of the Tramadol present in the said seized Spasmo Proxyvon Plus 36 and whether the quantity falls in the category of commercial or more than small quantity, but less than commercial quantity. In the above letter, the Drug Inspector wrote in the reply that, the total quantity of the Tramadol Hydrochioride in 36 strips (total 288 capsules) was 14.4 Grams. According to the Drug Inspector's Report, the quantity of the seized capsules was 14.4 grams. Copy of the explanation letter dated 15.04.2026, submitted by the concerned Investigation Officer of the subject crime number namely Shashi Deo Bhoy, Assistant Sub Inspector, Police Station Tamnar, District Raigarh, is being annexed herewith Annexure R/3 for kind perusal of this Hon'ble 4 Court. 6. That, on 22.03.2026, the concerned Station House Officer, Police Station Tamnar, District Raigarh has issued a letter to the Drug Inspector, Office of the Deputy Director, Food and Drug Office, Raigarh regarding providing report after physical verification of the quantity present in the seized Spasmo Proxyvon Plus Narcotic Drug (Capsule) in Crime No. 11/2026 of Police Station Tamnar, District Raigarh for the offence under Sections 21 (C) and 29 of the NDPS Act, 1985. Copy of the letter dated 22.03.2026, is being annexed herewith as Annexure R/4 for kind perusal of this Hon'ble Court. 7.That, thereafter, the office of the concerned Station House Officer, Police Station Tamnar, District Raigarh has further submitted the explanation letter submitted by the concerned Investigation Officer of the subject crime number namely Shashi Deo Bhoy, Assistant Sub Inspector, Police Station Tamnar, District Raigarh before the office of the Deputy Inspector General of Police and Senior Superintendent of Police, District Raigarh vide its letter dated 15.04.2026. Copy of the letter dated 15.04.2026, issued by the concerned SHO, PS Tamnar to the DIG/SSP, District Raigarh, is being annexed herewith as Annexure R/5 for kind perusal of this Hon'ble Court. Copy of the relevant pages of the case diary of subject Crime No. 11/2026, is being annexed herewith as Annexure R/6 for kind perusal of this Hon'ble Court, which clearly demonstrates the facts.” 6. I have heard learned counsel for the parties and perused the material available on record. 7. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. total of 36 strips of Spasmo Proxyvon Plus, each containing 8 capsules (amounting to 288 capsules in total), were being transported for the purpose of sale and were seized. 5 Out of these 36 strips, 6 strips were recovered from the possession of the present applicant, from which 14.4 grams of the contraband substance was found, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 23.01.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let the applicant, Nilmani Gupta, involved in Crime No. 11/2026, registered at Police Station – Tamnar, District – Raigarh (C.G.) for the offence punishable under Section 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in 6 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali