[Cites 3, Cited by 0]
Chattisgarh High Court
Sakil Khan vs State Of Chhattisgarh on 13 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16949
NAFR
KUNAL
DEWANGAN
Digitally
signed by
HIGH COURT OF CHHATTISGARH AT BILASPUR
KUNAL
DEWANGAN
MCRC No. 3347 of 2026
Sakil Khan S/o Sarif Khan Aged About 20 Years Resident Of Village
Girjapur, Police Station And Tahsil Patna District- Koriya (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through- Station House Officer, Police Of Police
Station Patna District- Koriya (C.G.)
... Non-applicant(s)
For Applicant : Mr. Anil Kumar Gupta, Advocate.
For Non-Applicant : Mr. Sourabh Sahu, 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
Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the
applicant who has been arrested in connection with Crime No.
97/2025 registered at Police Station-Patna District Koriya (C.G.), for
the offence punishable under Section 22(C) of NDPS Act.
2. Case of the prosecution, in brief, is that on 26.04.2024, a secret
information was received by the police. Acting upon the said
information, the police reached the spot and intercepted the applicant
along with three other accused persons. Upon being questioned, they
disclosed their identities. From the possession of accused Rajesh
Kumar, Pyeevon Spas Plus capsules (30 strips, each strip containing
8 capsules, totaling 240 capsules) and a motorcycle were seized.
Similarly, from accused Vijay Kumar, Pyeevon Spas Plus capsules (30
strips from two boxes, totaling 280 capsules) along with a motorcycle
were seized. From the possession of the present applicant, 30 strips of
Pyeevon Spas Plus capsules (each strip containing 8 capsules,
totaling 240 capsules) were seized. Thereafter, the applicant and the
co-accused persons were arrested for the commission of the alleged
offences.
3. Learned counsel for the applicant submits that the applicant is an
innocent person and has been falsely implicated in the present case. It
is further submitted that the applicant has not acted in the manner as
alleged by the prosecution. At this juncture, it is pertinent to mention
that the police have prepared separate seizure memos, and the
capsules allegedly seized from the possession of the present applicant
i.e. 30 strips (each strip containing 8 capsules), total 240 capsules, fall
within the category of quantity more than small quantity but less than
commercial quantity. However, only by clubbing the alleged recovery
made from the co-accused persons with that of the present applicant,
the total quantity is sought to be brought within the purview of
commercial quantity, which is not legally sustainable. It is also
submitted that the applicant is in judicial custody since 26.04.2025
and the trial is likely to take considerable time to conclude. Further, in
the present case, the charge-sheet has already been filed before the
competent Court and the applicant has no criminal antecedent,
therefore, considering the period of detention and the facts and
circumstances of the case, the applicant deserves to be enlarged on
regular bail.
4. On the other hand, learned State counsel vehemently opposes the bail
application and submits that the present case involves serious
offences under the NDPS Act. It is contended that although separate
seizure memos have been prepared, the recoveries effected from the
present applicant and the co-accused persons cannot be viewed in
isolation, as all the accused were apprehended together at the spot on
the basis of prior secret information, clearly indicating their active
involvement in a joint and organized illegal activity. It is further
submitted that if the total quantity of the contraband seized from all the
accused persons is taken together, the same falls within the category
of commercial quantity, thereby attracting the rigours of Section 37 of
the NDPS Act. He further argues that the manner in which the
accused persons were found in possession of substantial quantities of
contraband, along with motorcycles, demonstrates that the offence is
not an isolated act but part of an organized network of illegal trade in
narcotic substances. It is also submitted that such offences have
serious ramifications on society at large and granting bail in such
cases would send a wrong signal. Therefore, in view of the gravity of
the offence and the prima facie involvement of the applicant in an
organized crime, the applicant is not entitled to be released on bail and
the application deserves to be rejected.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Taking into consideration the overall facts and circumstances of the
case, nature and gravity of the offence and the material available on
record, as also considering the fact that the applicant was
apprehended along with the co-accused persons and the total
contraband recovered, when taken cumulatively, falls within the
category of commercial quantity, this Court finds that the rigours of
Section 37 of the NDPS Act are clearly attracted. The applicant has
failed to furnish any plausible or satisfactory explanation regarding his
possession and involvement in the alleged offence. Furthermore,
looking to the manner in which the offence has been committed,
indicating a prima facie organized activity and considering that the trial
is at an advanced stage and is likely to conclude in the near future, this
Court is not inclined to extend the benefit of bail to the applicant at this
stage.
7. Accordingly, the bail application of the applicant- Sakil Khan, involved
in Crime No. 97/2025 registered at Police Station-Patna District Koriya
(C.G.), for the offence punishable under Section 22(C) of NDPS Act, is
rejected.
8. Needless to say that the trial Court concerned is at liberty to proceed
and conclude the trial expeditiously.
9. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Kunal
