1 2026:CGHC:6570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1297 of 2026 Parmanand S/o Rajendra Prasad @ Gajendra Prasad Aged About 24 Years R/o Village- Amapali, Police Station And Tahsil- Lailunga, District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station- Gharghoda, District- Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sumit Jhawar, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2026 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 No. 43/2025 registered at Police Station – Gharghoda, District- Raigarh (C.G.), for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that on 17.02.2025, the Assistant Sub-Inspector of Police Station Gharghoda, District Raigarh (C.G.) received secret information that Paramanand Prasad, resident of Village Amapali, Lailunga, was standing near the roadside close to the NTPC Office, Gharghoda, carrying a bag containing illegal and prohibited narcotic cough syrup for the purpose of sale. Acting upon the said information, the police recorded the informer information as per law, issued summons to independent witnesses, and informed the Sub-Divisional Officer (Police). Thereafter, a raid was conducted at the specified place. The accused was intercepted and, after being duly informed of his rights under Section 50 of the NDPS Act, his search was carried out in the presence of witnesses. During the search, the police recovered 90 bottles of ONEREX cough syrup, each containing 100 ml, totaling 9 liters, containing Codeine Phosphate and Triprolidine Hydrochloride, which is a prohibited narcotic substance. The seized contraband was valued at Rs. 16,200/-. The accused admitted that he was in possession of the said narcotic substance for sale. Accordingly, the contraband was seized and the accused was arrested in Crime No. 43/2025 for the offence punishable under Section 21 of the NDPS Act. Hence, the bail application. 3 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The alleged contraband is stated to have been seized, however, the same was not recovered from the exclusive and conscious possession of the applicant. It is further submitted that the applicant is not involved in nor facing trial in any other case of similar nature. It is also submitted that the mandatory provisions of the NDPS Act have not been duly complied with by the prosecution, which vitiates the entire alleged recovery. The applicant has been in judicial custody since 17.02.2025, and continued incarceration would amount to pre-trial punishment. The applicant is a permanent resident of Village Amapali, Police Station and Tahsil Lailunga, District Raigarh (C.G.), and therefore there is no likelihood of his absconding or tampering with evidence during the pendency of trial. Therefore, it is most respectfully prayed that the applicant be granted regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that charge-sheet has been filed in the present case. He further submits that the applicant allegedly found in possession of a bag containing 90 bottles (9 liters) of prohibited ONEREX cough syrup, containing Codeine Phosphate and Triprolidine Hydrochloride, near the NTPC Office, Gharghoda, for the purpose of illegal sale and the said quantity far exceeds the commercial quantity prescribed under the NDPS Act. He also submits that bail application of co-accused, Naveen Kumar 4 Chauhan has already been rejected by this Court vide order dated 02.12.2025 in MCRC No.9810/2025. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From the perusal of the case diary, it transpires that on the date of incident i.e. on 17.02.2025, based on secret information received by the Assistant Sub-Inspector of Police Station Gharghoda, District Raigarh (C.G.), the applicant Paramanand Prasad, resident of Village Amapali, Lailunga, was found standing near the roadside close to the NTPC Office, Gharghoda, carrying a bag containing illegal and prohibited narcotic cough syrup intended for sale. After recording the informer information in accordance with law, issuing summons to independent witnesses, and informing the Sub-Divisional Officer (Police), the police conducted a raid at the spot. The applicant was intercepted and was duly informed of his legal rights under Section 50 of the NDPS Act, after which his search was conducted in the presence of witnesses. During the search, the police allegedly recovered 90 bottles of ONEREX cough syrup, each of 100 ml, totaling 9 liters, containing Codeine Phosphate and Triprolidine Hydrochloride, which is classified as a prohibited narcotic substance under the NDPS Act and is above the commercial quantity as per the Schedule given under the NDPS Act, further noting that the applicant has failed to provide 5 any satisfactory explanation regarding the alleged contraband article seized. Moreover, the seizure of such a substantial quantity prima facie indicates the involvement of the present applicant in the illicit trafficking of narcotic substances along with co-accused, Naveen Kumar Chauhan, whose bail application has already been rejected by this Court vide order dated 02.12.2025 in MCRC No.9810/2025, which constitutes a serious offence under the NDPS Act. Considering the aforesaid facts, I do not find any good ground to entertain the present bail application. 7. Accordingly, the bail application of the applicant – Parmanand, involved in Crime No. 43/2025 registered at Police Station – Gharghoda, District- Raigarh (C.G.), for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil