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2026 DAILYLAW 7620 (CHH)

RAVI KUMAR SHARMA v. STATE OF CHHATTISGARH

MCRC/3694/2026 · 2026-04-22

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Judgment text

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1 2026:CGHC:18677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3694 of 2026 Ravi Kumar Sharma S/o Parasnath Sharma Aged About 35 Years R/o New Khurseepar Bihari Mohalla District- Durg (C.G.) (Particular Of The Applicant Is Not Properly Mentioned In The Cause Title Of The Impugned Order Which Is Being Mentioned As Per The Charge Sheet) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer P.S. City Kotwali Durg District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.04.2026 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 No. 487/2025 registered at Police Station – City Kotwali Durg District- Durg (C.G.), for the offence punishable under Section 21(B), 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that a crime bearing No. 487/2025 was registered at Police Station Durg Kotwali, District Durg under Sections 21(b) and 27(a) of the NDPS Act, and upon completion of investigation, the charge-sheet has been filed before the competent Court. On 08.10.2025, Sub-Inspector Nirmal Singh received credible information from an informant that three persons were moving on a motorcycle bearing registration No. CG 07 CF 8323 in the vicinity of the mortuary of District Hospital, Durg, carrying narcotic capsules in bags with the intention of selling the same. Acting upon the said information, the police team, along with independent witnesses, proceeded to the spot and laid a trap. During the course of the operation, the police apprehended the accused persons and conducted a search of their persons as well as the vehicle. Upon search, from the possession of accused Prem Singh, one blue coloured bag containing 2400 capsules of PROXYCO-SPAS (Tramadol) weighing 1440 grams, along with Rs.500 cash, one mobile phone and the motorcycle, was seized. From the possession of the present applicant/accused Ravi Kumar Sharma, one brown coloured bag containing 720 capsules of PROXYCO-SPAS (Tramadol) weighing 432 grams, along with Rs.300 cash and one mobile phone, was recovered. Similarly, 3 from co-accused Umesh Kumar Kashyap, 720 capsules of PROXYCO-SPAS (Tramadol) weighing 432 grams, along with Rs.300 cash and one mobile phone, were seized. The accused persons failed to produce any valid documents or authorization for possession of the said narcotic substances. 3. During interrogation, the accused persons, in their memorandum statements, disclosed that they had purchased the said narcotic capsules from co-accused Ashib Mohammad near the weekly vegetable market situated beside Jamul Bombay Awas. Acting upon this disclosure, the police team reached the said location and apprehended additional accused persons on the basis of the description provided. Upon search of co-accused Ashib Mohammad, 5040 capsules of PROXYCO-SPAS (Tramadol) weighing 3024 grams, along with Rs.6000 cash, one scooter and one mobile phone, were seized from a bag and the dickey of the vehicle. Further, from co-accused Shahid Qureshi, 960 capsules of PROXYCO-SPAS (Tramadol) weighing 576 grams, along with Rs.200 cash and one mobile phone, were recovered. None of the accused persons were able to produce any valid documents in respect of the seized contraband. It is further revealed from the record that the seized capsules contained the psychotropic substance Tramadol. As per the NDPS Act, the small quantity of Tramadol is 5 grams and the commercial quantity is 250 grams. In the present case, the quantity recovered from the possession of the applicant (432 grams) as well as from other co-accused 4 persons is far above the prescribed commercial quantity. In view of the aforesaid facts, it is alleged that the accused persons were in conscious and illegal possession of commercial quantity of psychotropic substance and were involved in its unlawful sale and distribution, thereby committing offences punishable under the provisions of the NDPS Act. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that no seizure of any contraband article has been made from the possession of present applicant and the alleged offence against the applicant only on the basis of memorandum, but there is violation of mandatory provision of Section 50 of NDPS Act. The applicant is in custody since 08.10.2025, and the likelihood that the trial may take considerable time to conclude, it is most respectfully prayed that the applicant be granted regular bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that in the present case, charge-sheet has not yet been submitted before the competent Court. He further submits that the quantity of contraband article i.e., 720 capsules of PROXYCO-SPAS (Tramadol) weighing 432 grams was recovered, which is above the commercial quantity prescribed under the act, therefore, the applicant is not entitled for grant of bail. 5 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the case diary, it transpires that the contraband articles i.e. 720 capsules of PROXYCO-SPAS (Tramadol) weighing 432 grams was recovered from the possession of the applicant is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, further it cannot be a case of false implication, particularly when the trial is in progress. 8. Accordingly, the bail application of the applicant – Ravi Kumar Sharma, involved in Crime No. 487/2025 registered at Police Station – City Kotwali Durg District- Durg (C.G.), for the offence punishable under Section 21(B), 27(A) 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil