The court determined that the substantial quantity of seized narcotics and the applicant's significant role in the offense warranted denial of bail.

Order on Board

31.01.2025

1 This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita , 2023 (for short, ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 157/2024 registered at Police Station City Kotwali, District - Durg (C.G.), for the offence punishable under Sections 8/22 , 27(a) 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 a secret information received by the police of PS City Kotwali Durg, a raid was conducted on 23.03.2024 at the premises of Rakesh Medicos Durg and thereon an FIR bearing No. 157 of 2024 was registered on the allegation that 12 boxes of Alprazolam (7200 tablets), 18 boxes of Proxiohm Spas (4320 capsules), an Activa bearing No.CG 04MS 7285 and cash was seized from accused persons namely Rustam Netam, Anish @Sona Rajpur and Govardhan Prasad Banchor. During the investigation, the applicant was arrested and allegedly 1,09,200 tablets of Alprazolam weighing 15.28 kgs and 3720 tablets of Tramadol weighing 4.166 kgs as well as 58 boxes of Buprenorphine weighing 870 mgs were found recovered at the instance of the present applicant in his house.

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. He further submits that applicant has been implicated solely on the basis of the memorandum of the co-accused persons which is otherwise inadmissible under the law and no seizure of contraband was made from the present applicant and the applicant is languishing in jail since 07.08.2024, though the charge-sheet has been filed, but it may take some time to conclude the trial, 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 1,09,200 tablets of Alprazolam weighing 15.28 kgs and 3720 tablets of Tramadol weighing 4.166 kgs as well as 58 boxes of Buprenorphine weighing 870 mgs were found recovered at the instance of the present applicant in his house, which is a huge quantity and also much more than the commercial quantity as the commercial quantity. He further submits that it is an organized crime committed by applicant along with other co-accused persons and applicant. He also submits that bail application of co-accused namely Rajkumar Gangwani has already been rejected by this Court vide order dated 06.11.2024 in MCRC No.6824/2024, hence, bail application of the present applicant is liable to be dismissed.

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

6 Taking into consideration the nature and gravity of the offence, the quantity of contraband article i.e. 1,09,200 tablets of Alprazolam weighing 15.28 kgs and 3720 tablets of Tramadol weighing 4.166 kgs as well as 58 boxes of Buprenorphine weighing 870 mgs were seized at the instance of the present applicant, which is much above the commercial quantity, and further the fact that bail application of the co-accused has already been rejected by this Court vide order dated 06.11.2024 in MCRC No.6824/2024 as well as in the case, the accused is seen to have played a major role in the context of Section 29 of the NDPS Act. In such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justified to grant bail to the applicant/accused. Therefore, the bail application filed by the applicant/accused – Rajesh Soni involved in Crime No.157/2024, registered at Police Station City Kotwali Durg, District Durg (C.G.) for the offence punishable under Sections 8/22, 27(a) of the NDPS Act, is rejected at this stage.

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

8 Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information a