The court denied bail due to the serious nature of the narcotics offences and the applicant's significant involvement despite no direct seizure from him.

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with 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 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.

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. She 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 02.04.2024, 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 12 boxes of Alprazolam (7200 tablets), 18 boxes of Proxiohm Spas (4320 capsules) has been seized from the possession of the co-accused persons which contains psychotropic substance Apprazolam, Tramadol and Buprenorphine, which is a huge quantity and also much more than the commercial quantity as the commercial quantity of Alprazolam is 100 gms, Tramadol is 250 grams and Buprenorphine is 20 grams. He further submits that it is an organized crime committed by applicant along with other co- accused persons and applicant. Hence, his bail application 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. 12 boxes of Alprazolam (7200 tablets), 18 boxes of Proxiohm Spas (4320 capsules) containing psychotropic substance Apprazolam, Tramadol and Buprenorphine has been seized from the co-accused persons, which is much above the commercial quantity, as the commercial quantity of Alprazolam is 100 gms, Tramadol is 250 grams and Buprenorphine is 20 grams and further, it is evident from the record that present applicant is equally involved in the said crime and is an active member who used to get the narcotic substance and although no narcotic substance has been seized from the present applicant, however, 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 – Rajkumar Gangwani 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 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.