[Cites 5, Cited by 0]
Chattisgarh High Court
Jitendra Budhwani @ Jeetu vs State Of Chhattisgarh on 20 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:17898
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 704 of 2026
Jitendra Budhwani @ Jeetu S/o Kishanchand Aged About 32 Years R/o
Sindhi Colony, Gondia Town, Ps Gondia, District Gondia (Mh)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Chowki
Supela Smriti Nagar District Durg (C.G.)
... Non-applicant
For Applicant : Mr. Aman Pandey, Advocate
For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
20.04.2026
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. 640/2025 registered at Police Station- Supela Chowki, Smriti
Nagar, District- Durg (C.G.), for the offence punishable under
Section 22, 8(b) and 27(a) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 and under Section 111 of the Bharatiya
Nyaya Sanhita, 2023.
RAHUL
DEWANGAN
Digitally
signed by
RAHUL
DEWANGAN
2. The case of the prosecution in brief is that on 31.05.2025, the police
of Police Station Supela, Chowki Smriti Nagar, District Durg,
received credible information that the applicants along with other co
accused persons were present outside Look and Shine Family
Saloon, Katulboard, Bhilai and were attempting to sell psychotropic
tablets. Acting upon the said information, the police conducted a
raid and apprehended the co accused persons, from whom 45
tablets of Alprazolam were recovered from Lingraj, 130 tablets of
Spas Trancan Plus from Somnath Pandey and 144 tablets of Spas
Trancan Plus from Santosh Chandrakar, which were duly seized
and they were arrested on the spot on 31.05.2025. Thereafter, on
the basis of their memorandum statements, the present applicant
was implicated and subsequently arrested, and from his possession
1422 strips containing 11376 tablets of Spas Trancan, 20 boxes
containing 12000 tablets of Alprazolam and 29 boxes containing
4176 tablets of Spas Proxyvon were seized. Hence, the present bail
application.
3. Learned counsel for the applicant submits that the applicant has no
connection with the commission of the alleged offence and has
been falsely implicated in the present case. It is further submitted
that the co-accused persons have already been enlarged on bail by
this Hon'ble Court vide order dated 27.10.2025 passed in MCRC
No. 6641 and connected matters. It is also submitted that the
applicant is a registered pharmacist and owner of a medical shop
having a valid licence to store and keep the medicines in question,
however, despite the same, he has been falsely implicated. It is
contended that the father of the applicant passed away on
24.11.2025 and at the relevant time the applicant was engaged in
post funeral ceremonies and due to certain altercations with the
police officials, he has been roped in falsely in the present offence.
He further submits that the mandatory provisions of the NDPS Act
have not been complied with during investigation and there are
serious irregularities in seizure and sampling of the alleged
contraband, which are in violation of the circulars issued by the
Narcotics Control Bureau. It is further contended that in view of
such lapses, the bar contained under Section 37 of the NDPS Act
would not apply as the prosecution has failed to properly establish
the quantity of the seized contraband. He also submits that the
present applicant has no any criminal antecedents, the charge-
sheet has been submitted before the competent Court and he is in
jail since 02.06.2025 and has undergone more than nine months of
detention and the conclusion of the trial may take some time,
therefore, he prays for grant of regular bail to the present applicant.
4. On the other hand, learned State counsel opposes the bail
application of the present applicant and submits that vide order
dated 11.03.2026, this Hon'ble Court had directed the Investigating
Officer to file a personal affidavit placing on record the material
collected during investigation against the present applicant, and in
compliance thereof, the affidavit has been filed. It is submitted that
on 31.05.2025, on the basis of credible secret information, the
police followed due procedure under the NDPS Act, prepared the
necessary panchnama and conducted a raid wherein co accused
persons were apprehended along with psychotropic substances. It
is further submitted that during investigation, memorandum
statements of co accused persons namely Santosh Chandrakar,
Somnath Pandey and Lingraj @ Sonu Yadav were recorded,
wherein it has specifically come on record that the present applicant
Jitendra Budhwani @ Jeetu was the main supplier of psychotropic
medicines, who used to procure the same from Gondia and supply
it to co accused persons through Manisha Makhija for the purpose
of illegal sale in Durg and Bhilai area. It is submitted that acting
upon the said memorandum statements and other material
collected during investigation, a police team traced the present
applicant through his mobile location and apprehended him from his
residence at Gondia. Thereafter, after following due procedure and
upon his consent, search of his house was conducted, wherein a
huge quantity of psychotropic substances was recovered, including
11376 capsules of Spas Trancan Plus, 12000 tablets of Alprazolam
and 4176 tablets of Spas Proxyvon. It is further submitted that the
applicant failed to produce any valid licence or document
authorizing possession of such quantity of psychotropic substances
and could not furnish any satisfactory explanation regarding the
same. It is also submitted that the seized contraband was duly
seized, samples were drawn and sent for FSL examination, and as
per the report, the substances were found to contain Dicyclomine,
Tramadol, Acetaminophen and Alprazolam. The investigation
further revealed nexus between the accused persons through call
detail records and after completion of investigation, charge sheet
has been filed before the competent Court. In view of the
commercial quantity involved and the active role of the present
applicant as a supplier, the rigours of Section 37 of the NDPS Act
are clearly attracted and therefore, the applicant does not deserve
to be enlarged on bail.
5. I have heard learned counsel appearing for the parties and perused
the case diary.
6. Considering the facts and circumstances of the case, the nature
and gravity of allegations and the material available on record, this
Court finds that as per the prosecution case, a substantial and
commercial quantity of psychotropic substances has been seized
and the present applicant has been specifically implicated on the
basis of memorandum statements of co accused persons as well as
other incriminating material collected during the course of
investigation. It is further pertinent to note that, in compliance of the
order dated 11.03.2026 passed by this Court, the Investigating
Officer has filed a detailed personal affidavit placing on record the
evidence collected during investigation, which prima facie
establishes the active role of the present applicant as a supplier of
the contraband substances to other co accused persons for illegal
sale. The affidavit also reflects that due procedure as contemplated
under the provisions of the NDPS Act has been followed, the
contraband was duly seized, inventory was prepared before the
competent Court, samples were drawn and sent for forensic
examination and as per the FSL report, the seized articles contain
psychotropic substances. Further, the applicant has failed to
produce any valid document or licence to justify possession of such
huge quantity of contraband and the investigation also indicates
nexus between the accused persons through call detail records. In
view of the aforesaid and considering the bar contained under
Section 37 of the NDPS Act, this Court is not inclined to enlarge the
applicant on bail.
7. Accordingly, the bail application of the applicant - Jitendra
Budhwani @ Jeetu, involved in Crime No. 640/2025 registered at
Police Station- Supela Chowki, Smriti Nagar, District- Durg (C.G.),
for the offence punishable under Section 22, 8(b) and 27(a) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 and under
Section 111 of the Bharatiya Nyaya Sanhita, 2023, is rejected.
8. However, this Court hopes and trusts that the trial Court shall make
an earnest endeavour to conclude the trial as expeditiously as
possible within a period of six months from the receipt of a certified
copy of this order in accordance with law, if there is no legal
impediment.
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
Rahul Dewangan
