2025:CGHC:17638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2555 of 2025 Ravishankar Prasad S/o Late Baso Sao Aged About 38 Years (Not Mentioned In The Impugned Order) (Mentioned In The Charge Sheet) R/o Padamgali, Baripath, Persian Temple Banjhipur, Patna, Distt. Patna Bihar ... Applicant(s)

KUNAL versus DEWANGAN State Of Chhattisgarh Through P.S. Padmanbhpur, District Durg, Digitally signed by KUNAL Chhattisgarh DEWANGAN ... Non-Applicant(s)

For Applicant : Mr. B.P. Singh, Advocate For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

17/04/2025

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. 352/2024 registered at Police Station- Padmanbhpur, District- Durg (C.G.), for the offence punishable under Sections 8, 21(C), 29(A) of NDPS Act.

3. Case of the prosecution, in brief is that on 16/09/2024 as per secret information received from the informant that that Hardik Bhoi and Dilip Sahu both are trying to sell psychotropic medicine near the central jail Durg and when they reached near the Jail canteen Padhmanabhupur distt durg they were apprehended by the police personnel with alprazolam tablet total 675 pieces total weight 303.6 Gram and Rs. 1000/- from the Hardik Bhoi and 184 pieces Tramadol capsule total 126.96 gram from the Dilip Sahu and they have no any document regarding the aforesaid tablets and upon the memorandum of Hardik Bhoi, he has stated that he has ordered these capsule from the Deepak Sahu and Bhuneshwar, and they deliver it through delivery and bhuneshwar Bareth and Deepak sahu ordered from amazon and whose payment were done in the account of present applicant and the present applicant getting the capsule by courier from Kishan Yadav resident of Patna Bihar. Therefore, the aforesaid offence has been registered against the applicant.

4. Learned counsel for the applicant submits that the present applicant has no any role in the present case and the allegation on the present applicant is that the money from selling psychotropic capsule has been credited in the account of the present applicant and as per the bank statement of the co-accused nothing has been transferred from the account of co-accused to the account of present applicant and the bank statement is the part of charge- sheet and in the entire charge-sheet, the account of the present applicant is not reflected and the account seized by the police is not belongs to the present applicant. He further submits that the present applicant is working as dealer of land and he has sold many land to the different person. The present applicant is working with the Silpi Kishore in his land dealing business on the commission basis and he gets 2% as commission after selling land. He further submits that the seized contraband article which was recovered from the co-

accused not from the present applicant.

5. Learned counsel for the applicant submits that in compliance of the Court’s order dated 01.04.2025, he has filed afÏdavit with regards to the transfer of money into the bank account of the accused, he stated that no such money from the alleged sell of the narcotic tablets has been deposited in the bank account of the present applicant as the two phone numbers and one bank account in which the money is alleged to deposited are not belonging to the present applicant. He further submits that the letter dated 05.10.2024 annexed herewith) is the letter sent by the police station Padmanabhpur to the Branch Manager, Indusind bank seeking details of the bank account No. of the applicant bu the bank has returned the letter with note stating no such bank account and the bank account statement of the co-accused Bhuneshwar is also attached in the charge-sheet and the same also does not reflect