Karan Nagwani vs State Of Chhattisgarh
2025 Latest Caselaw 4447 Chatt

Chattisgarh High Court

Karan Nagwani vs State Of Chhattisgarh on 15 September, 2025

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Date: 2025.09.16
11:28:03 +0530




                                                                                           NAFR
                                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                  CRA No. 784 of 2025

                      Karan Nagwani S/o Ashok Kumar Nagwani Aged About 22 Years R/o Mandi Bazar
                      Gourela P.S. Gourela District - Gourela Pendra Marwahi (C.G.) ... Appellant(s)

                                                         versus

                      State Of Chhattisgarh Through Station House Officer Police Station Ganj Raipur
                      District - Raipur (C.G.)
                                                                                ... Respondent(s)

(Cause title taken from the CIS)

15.09.2025 Shri P Chetan Kumar, counsel for the appellant.

Shri Sanjeev Kumar Pandey, Dy AG for the State.

Heard on IA- 01 of 2025, application for suspension of

sentence and grant of bail.

Being aggrieved by the impugned judgment of conviction

and order of sentence dated 16.08.2024, passed by the learned

Special Judge (NDPS Act), Raipur, District-Raipur CG in Special

Criminal Case (NDPS Act)- 119 of 2024, appellant preferred this

appeal.

Cra 784 of 2025

Appellant has been convicted under Section 21(c) of the

NDPS Act, and sentenced RI for 10 years with fine of

Rs.1,00,000/-, with default stipulation.

Learned counsel for the appellant would submit that

appellant is innocent, and has been falsely implicated in the

offense. Seizure witnesses have not supported the prosecution

case. Investigation done by the prosecution is tainted, and only

on the basis of Police Department witnesses, conviction has

been made, and there is complete violation of mandatory

provisions of NDPS Act. As per the contents of alleged Cough

syrup, quantity of contraband comes under small quantity but the

learned trial Court has taken the entire quantity of the

contraband seized, and considered it as the commercial

quantity. Appellant is in jail since 27.02.2024, thereby

remained in jail for one year and six months, and final

adjudication of this appeal would take its own time, therefore, the

appellant may be enlarged on bail.

On the other hand, learned counsel for the State opposes

the bail application and would submit that appellant has been Cra 784 of 2025

found in possession of 25 bottles of Onerex, cough syrup, 100

ml each, which comes under the definition of commercial

quantity. Search, and seizure from the appellant are duly been

proved by the Police authorities, who conducted the

investigation, and therefore, appellant is not entitled for bail.

Heard learned counsel for the parties, and perused the

record of the trial Court.

Considering the submissions made by learned counsel for

the parties, nature of allegation and the evidence available on

record, also considering the quantity of alleged contraband

(Onerex, cough syrup), seized from the appellant, this Court is

not inclined to release the appellant on bail at this stage.

Accordingly, his bail application, IA-1 of 2025 stands

dismissed at this stage.

List this case for final hearing after four weeks.

Sd/-

(Ravindra Kumar Agrawal) JUDGE

padma