SURAJ DURGA vs STATE OF CHHATTISGARH

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2026:CGHC:12674
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2468 of 2026
Suraj Durga S/o late Tapkeshwar Aged About 31 Years R/ogulab Nager
Gudhiyari Rental House Of The Girdhar Dwivedi Police Station -
Khamtarai -District Raipur ( C.G.)
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer -Police
Station Khamtarai, District – Raipur (C.G)
... Non-Applicant
For Applicant : Mr. Shivendu Pandya, Advocate.
For Non-Applicant : Ms. Sameeksha Gupta, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
17.03.2026
This is the second bail application filed under Section 483 of the
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Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No. 76/2025 registered at Police Station Khamtarai, District –
Raipur (C.G.) for the offence punishable under Sections 22(C) of
the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that Police of Police Station
Khamtarai, District – Raipur (C.G.) received secret information
from the informant and on the basis of said information, Police
have conducted raid and has seized a total of 1440 capsules of
Spasmo Proxyvon Plus (containing Dicyclomine, Tramadol, and

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Acetaminophen) weighing a total of 907.20 Grams from the
possession of the applicant. Thereafter, the applicant was
arrested and the crime was registered against him. Hence, this
application.
3. The first bail application was rejected by this Court vide order
dated 10.09.2025 passed in MCRC No. 7213/2025, on merits.
4. Learned counsel for the applicant submits that the charges have
been framed against the applicant and other co-accused persons
on 05.08.2025, and thereafter, the prosecution witnesses
including the Police witnesses are not appearing before the trial
Court for recording their evidence, as till date no single witness
has been examined before the trial Court, and the applicant is in
jail since 01.02.2025 and the conclusion of trial is likely to take
some time, therefore, he prays for releasing the applicant on
regular bail.
5. On the other hand, learned State counsel opposes the bail
application and submits that from the possession of applicant a
total of 1440 capsules of Spasmo Proxyvon Plus (containing
Dicyclomine, Tramadol, and Acetaminophen) weighing a total of
907.20 Grams has been recovered, which is much above the
commercial quantity on which ground the first bail application of
the applicant was rejected by this Court, as such, he is not entitled
for grant of bail.
6. I have heard learned counsel for the parties and perused the case

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diary.
From perusal of the records, it transpires that from the possession
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of applicant a total of 1440 capsules of Spasmo Proxyvon Plus
(containing Dicyclomine, Tramadol, and Acetaminophen) weighing
a total of 907.20 Grams has been recovered, which is much
above the commercial quantity on which ground the first bail
application of the applicant was rejected by this Court, further
there appears to be no new ground for releasing the applicant on
regular bail. The only ground raised in this second bail application
is that the applicant has been languishing in jail since 01.02.2025
and no single witness has been examined before the trial Court.
8. Recently the Hon’ble Supreme Court in the matter of Union of
India (UOI) Vs. Vigin K. Varghese (Special Leave Petition
(Cri.) Nos.7768 of 2025 and 11097 of 2025) decided on
13.11.2025 has observed that in NDPS commercial-quantity
cases, long incarceration cannot, by itself, be a ground for bail.
Considering the fact that the first bail application of the applicant
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was rejected on merits by this Court, further the fact that trial is in
progress and also in the light of observation made by the Hon’ble
Supreme Court in Vigin K. Varghese (supra) that in NDPS
commercial-quantity cases, long incarceration cannot, by itself, be
a ground for bail, therefore I do not find any good ground to
entertain this second bail application.
10. Accordingly, the second bail application of the applicant- Suraj

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Durga, involved in Crime No. 76/2025 registered at Police Station
Khamtarai, District – Raipur (C.G.) for the offence punishable
under Sections 22(C) of the NDPS Act, is rejected at this stage.
Needless to say that the trial Court is at liberty to proceed with the
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trial and conclude the same, expeditiously.
The Director General of Police, Chhattisgarh is directed to ensure
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that all the prosecution witnesses including the Police personnels
who are prosecution witnesses in this case shall appear before
the trial Court on the next date fixed, failing which their salary
should be stopped.
13. Registrar (Judicial) is also directed to send a copy of this order to
the Director General of Police, Chhattisgarh, as well as to the trial
Court concerned for necessary compliance and follow up action, if
any.
Sd/-
(Ramesh Sinha)
Chief Justice
Rajshekhar