2026:CGHC:16969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1692 of 2026 Digitally signed by ABHISHEK ABHISHEK SHRIVAS SHRIVAS Date: Suraj Singh S/o Yashwant Singh Aged About 28 Years R/o Muktipara, Atal

2026.04.15

10:54:35 +0530 Awas Ambikapur, P.S. Gandhinagar, Tehsil Ambikapur, District Sarguja (C.G.)

... Applicant versus State of Chhattisgarh Through- Station House Officer (S.H.O.) P.S.-

Gandhinagar, Distt.- Sarguja (C.G.)

... Non-applicant For Applicant : Mr. Anurag Tiwary, Advocate.

For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

13.04.2026

1. 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. 220/2025 registered at Police Station Gandhinagar, District Sarguja (C.G.) for the offence under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The prosecution story, in brief, is that on 04.04.2025, co-accused persons, namely Sagar Chauhan and Prahlad Vasudev, were apprehended, and a commercial quantity of psychotropic substances, i.e., Talgesic (Buprenorphine) Injection and Avil (Pheniramine Maleate) Injection, was allegedly seized from their possession. The present applicant has been implicated in the instant case solely on the basis of the memorandum statement of the co-accused, Sagar Chauhan, recorded while he was in police custody, wherein he allegedly disclosed that he had purchased the said injections from the present applicant, Suraj Singh.

3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the core issue is that on 19.05.2025, the applicant visited Gandhinagar Police Station to report the loss of his mobile phone. During this visit, certain verbal exchanges took place between the applicant and the police officials. Owing to this, the police officials falsely implicated the applicant in two separate offences under the NDPS Act, registered as Crime No. 133/2025 and Crime No. 220/2025 at Gandhinagar Police Station. Consequently, the applicant was taken into custody on the same day. He also submits that when the applicant’s health deteriorated significantly, the police officials arranged for his transfer to the Government Hospital, Ambikapur. It was only at that stage that his family came to know about the alleged offences. In this regard, the applicant’s wife also submitted a written representation to the Superintendent of Police, Ambikapur (C.G.); however, no substantive action was taken thereon. He further submits that the entire case of the prosecution against the applicant hinges solely upon the memorandum statement of a co-accused recorded under Section 27 of the Indian Evidence Act, which is inadmissible in evidence against the present applicant. He also submits that it is a settled principle of law that a confessional statement made by an accused before a police officer is not admissible in evidence against a co-accused. In the absence of any independent corroborative evidence, the applicant cannot be kept incarcerated merely on the basis of such a weak and inadmissible piece of evidence. It is further submitted that no recovery of any contraband or psychotropic substance has been made from the conscious possession of the applicant or at his instance. The mandatory procedural safeguards under the NDPS Act have not been complied with in respect of the applicant, as no search or seizure was conducted involving him. It is also submitted by learned counsel for the applicant that, apart from the present case, the applicant has one more criminal antecedent, which is also listed today before this Court. He further submits that the applicant has been in jail since 20.05.2025, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of