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2025 Supreme(Online)(CHH) 3299

ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.01.06 18:37:53 +0530

2025:CGHC:382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8812 of 2024 Ravishankar Markam S/o Shri Santram Markam Aged About 29 Years R/o Mana Camp, Near Meena Bhawan, Vivekanand Nagar, Police Station- Mana, District- Raipur, Chhattisgarh.

... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Civil Lines, District – Bilaspur, Chhattisgarh.

---- Non-applicant For Applicant : Mr. Palash Agrawal, Advocate.

For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

03.01.2025

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.1004/2024, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offences punishable under Section 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.

2. The prosecution story in brief, is that the Police of Police Station –

Civil Lines, District – Bilaspur (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized 150 ampoules of Rexogesic Injection (Buprenorphine) total of 300 ml, NRA Buprenorphine Rexogesic Injection total of 2000 ml, and 22752 Tramadol capsules from the possession of the co-accused persons and the applicant has used to supply the same. Thereafter, the applicant was arrested and the case was registered by the Police.

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 further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 24.10.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail.

4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 150 ampoules of Rexogesic Injection (Buprenorphine) total of 300 ml, NRA Buprenorphine Rexogesic Injection total of 2000 ml, and 22752 Tramadol capsules have been seized from the possession of the co-accused persons and the applicant has used to supply the same, which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case.

Hence, this bail application is liable to be rejected.

5. I have heard learned counsel for the parties and perused the material available on record.

6. Taking into consideration the fact that a total of 150 ampoules of Rexogesic Injection (Buprenorphine) total of 300 ml, NRA Buprenorphine Rexogesic Injection total of 2000 ml, and 22752 Tramadol capsules have been seized from the possession of the co-accused persons and the applicant has used to supply the same, which is much above the commercial quantity and the applicant is failed to give any explanation for the same and it could not be a case of false implication, the charge-sheet has been filed in this case, hence, the bail application of applicant – Ravishankar Markam involved in Crime No. 1004/2024, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offences punishable under Section 21 and 22 of the NDPS Act, is rejected at this stage.

7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously.

8. The OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith.

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