Nafr High Court
Case Details
1 2025:CGHC:17897 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3005 of 2025 Padamalochan Mehar S/o Madhusudhan Mehar Aged About 48 Years R/o Kannaktura P.S. Rengali Nagar Tahsil - Lucknow District – Jharsuguda, Odisha. versus ... Applicant State of Chhattisgarh Through P.S. Jutmil District - Raigarh Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
use of psychotropic substances. Therefore, no prima facie case is made out against the applicant. He further submits that other co- accused persons have been granted bail by this Court. He further submits that the applicant has only one previous criminal antecedent under the gambling Act which has already been
Arguments
: Mr. Sanjay Agrawal, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice RAHUL DEWANGAN 21.04.2025 Order on Board Digitally signed by RAHUL DEWANGAN 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 77/2024 registered at Police Station – Jutmil District - Raigarh, (C.G.), for the offence punishable under Sections 21-B, 29 and 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that The case of the 2 prosecution, in brief, is that on 15.02.2024, upon receiving secret information, the police conducted a raid at the shop of co-accused Rajkumar Khatarji and seized illicit drugs (medicines). During the investigation, based on the memorandum statement of co-accused Rajkumar Khatarji, a raid was conducted at the medical shop of co- accused Madhusudan, who is the proprietor of M/s Madhusudan Medical Store. The illicit drugs were seized i.e. 14 packets of NRX Dicyclomine Hydrochloride, Tramadol Hydrochloride, and Acetaminophen Capsules (SPASMO-PROXYVON MOS), 07 packets of NRX Alprazolam Tablets IP (NITE), 03 packets of NRX Alprazolam Tablets IP (Alprax), 150 bottles (100 ml each) of NRX Codeine Phosphate and Chlorpheniramine Maleate Syrup (CodeC Syrup), 216 packets of BUTRUM-2 (Butorphanol Tartrate Injection USP) and 6.298 kg of Ganja contained in a plastic sack. Consequently, an FIR was registered against the present applicants and other accused persons for the aforementioned offences. 4. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the possession of the present applicant and no any contraband article has been seized from the applicant. He further submits that the present applicant is running a sole proprietorship business under the name M/s Madhusudan Medical Store and holds a valid drug license issued under the Drugs and Cosmetics Rules, 1945. The applicant is duly authorized to sell, stock, and distribute various medicines covered under the 3 said license. A copy of the document obtained under the Right to Information Act, which reflects that the license is issued in the name of co-accused Padamlochan Meher, is annexed herewith as Annexure A-2. He further submits that the police authorities seized the medicines from the medical shop, namely Madhusudan Medical Store, which is operated by the present applicant. Additionally, the police also seized bills, the drug license, and other relevant documents pertaining to the medical shop, all of which were in the possession of the applicant. However, those documents and bills have not been submitted by the police along with the charge sheet before the trial court. Copies of the medical bills are annexed herewith as Annexure A-3. He also submits that the applicant possesses a valid license for the purchase, sale, import, export, or
Decision
disposed of and he is in jail since 15.02.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. 14 packets of NRX Dicyclomine Hydrochloride, Tramadol Hydrochloride, and Acetaminophen Capsules (SPASMO-PROXYVON MOS), 07 packets of NRX 4 Alprazolam Tablets IP (NITE), 03 packets of NRX Alprazolam Tablets IP (Alprax), 150 bottles (100 ml each) of NRX Codeine Phosphate and Chlorpheniramine Maleate Syrup (CodeC Syrup), 216 packets of BUTRUM-2 (Butorphanol Tartrate Injection USP) and 6.298 kg of Ganja contained in a plastic sack from the possession of the present applicant and other co-accused persons, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and further the fact that though the other co-accused persons have been granted bail by this Court but, the same case is distinguishable from the facts and the circumstances of the present case and the contraband article i.e. 14 packets of NRX Dicyclomine Hydrochloride, Tramadol Hydrochloride, and Acetaminophen Capsules (SPASMO- PROXYVON MOS), 07 packets of NRX Alprazolam Tablets IP (NITE), 03 packets of NRX Alprazolam Tablets IP (Alprax), 150 bottles (100 ml each) of NRX Codeine Phosphate and Chlorpheniramine Maleate Syrup (CodeC Syrup), 216 packets of BUTRUM-2 (Butorphanol Tartrate Injection USP) and 6.298 kg of Ganja contained in a plastic sack, seized from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 5 8. Accordingly, the bail application of the applicant – Padamalochan Mehar, involved in Crime No. 77/2024 registered at Police Station – Jutmil District - Raigarh, (C.G.), for the offence punishable under Sections 21-B, 29 and 20(B) 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 trail expeditiously. 10. OfÏce 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