2026:CGHC:6689-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 390 of 2026 Sheikh Javed S/o Late Sheikh Israel Aged About 38 Years R/o Premnagar Gali No. 06, Gondia Road, Balaghat (M.P.) (Father Name Wrongly Mentioned In Chargesheet Page No. 16 And Rightly Mentioned In Page No. 179)

... Petitioner(s)

versus State of Chhattisgarh Through Police Station Civil Line, District -

Bilaspur Chhattisgarh ...Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Aakash Singh, Advocate.

For Respondent/State : Mr. S.S. Baghel, Government Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

06.02.2026

1. Heard Mr. Aakash Singh, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Government Advocate, appearing for Digitally s B i R gn IJ e M d O b H y AN the State/respondent.

BRIJMOHANMORLE

MORLE Date:

2026.02.06

+0530

2. The present petition has been filed by the petitioner with the following prayer:

“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow the instant petition and further be pleased to set-aside/quashed the final report submitted by challan No. 266/2025 for the offence punishable under Section 21, 22, 29 of NDPS Act in FIR No. 1004/2024 registered in police station Civil Line, Bilaspur, cognizance order dated 16.04.2025 along with the charges framed on dated 17.06.2025 under Section 21, 22, 29 NDPS Act with entire proceedings in Special Session Case (NDPS) No. 22 of 2025 pending in the Court learned Special Judge (NDPS) Bilaspur (C.G.) in the interest of justice.”

3. Learned counsel for the petitioner submits that on 26.09.2024, Police Station Civil Line received information from an informant that one Kalpana Kurre, along with a child in conflict with law, was allegedly engaged in illegal sale of narcotic and psychotropic substances. Acting upon the said information, the police conducted a raid and seized 296 tablets of Nitrazepam from Kalpana Kurre and 600 tablets of Alprazolam from the child in conflict with law. Consequently, FIR No. 924/2024 was registered against them. It is submitted that during investigation, on the basis of memorandum statement of Kalpana Kurre, co-accused Godavari Kurre @ Ginni Jangade was arrested. The police also seized a photocopy of the bank statement of account No. 100047998667 of Equitas Bank for the period from 01.01.2024 to 26.09.2024. On the basis of the said bank statement and memorandum statement of co- accused Godavari Kurre, the present petitioner was arrested on 26.10.2024 on allegations relating to alleged financial transactions connected with illegal drug trafficking. It is contended that the petitioner has been in judicial custody since then. It is further submitted that during pendency of Criminal Case No. 16447/2024 before the Court of learned Chief Judicial Magistrate, Bilaspur, another incident was reported on 21.10.2024 wherein the police allegedly seized 150 ampoules of Buprenorphine injections from accused Sristi Kurre, leading to registration of FIR No. 1004/2024 under Sections 21, 22 and

29 of the NDPS Act.

4. Learned counsel for the petitioner further submits that in connection with FIR No. 1004/2024, the petitioner was formally arrested on 07.12.2024. It is contended that both FIRs are based upon the same set of evidence, namely memorandum statements of co-accused persons and the same bank statement of co-accused Godavari Kurre. It is argued that registration of two separate FIRs at the same police station on the basis of identical evidence amounts to double jeopardy and abuse of the process of law. It is also contended that no contraband was recovered from the possession of the petitioner and the entire prosecution case rests upon weak and inadmissible evidence. It is further argued that mandatory procedural safeguards under Sections

105 and 185 of the BNSS were not followed during search and seizure proceedings, there