Chattisgarh High Court
Mohit Kumar Gupta vs State Of Chhattisgarh on 7 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:15827
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3066 of 2026
Mohit Kumar Gupta S/o Shivprasad Gupta Aged About 35 Years
Resident Of Village- Surungpani, Chowki-Kotba, District- Jashpur (C.G.)
... Applicant(s)
Digitally
AKHILESH signed by
versus
KUMAR AKHILESH
DEWANGAN KUMAR
DEWANGAN
State Of Chhattisgarh Through- Station House Officer, Police Chowki-
Kotba, Police Station- Bagbahar, District- Jashpur (C.G.)
... Respondent(s)
For Applicant(s) : Mr. Ajit Kumar Yadav, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/04/2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No. 04/2026 registered at Police Station Kotba, Police Station- Bagbahar, District- Jashpur (C.G.), for the 2 offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that on 20.01.2026, the In- charge Sub-Inspector of Police Chowki- Kotba, Bagbahar , District Jashpur received secret information that the applicant/accused Mohit Kumar Gupta was transporting illegal contraband Corex (Codeine Phosphate) cough syrup on a motorcycle for the purpose of sale in the State of Odisha. Acting upon the said information, the police team, after informing senior officers, proceeded to the spot, laid a blockade, and intercepted the accused along with his motorcycle. Upon search, two bags tied to the motorcycle seat were found containing a total of 04 cartons, comprising 640 bottles of prohibited intoxicant cough syrup (Wincorex/Codeine Phosphate). The seized articles were duly sealed on the spot and seizure memo was prepared in presence of witnesses. During investigation, the accused was taken into custody, his memorandum statement was recorded, and on his disclosure, the contraband, along with the motorcycle and a mobile phone, was seized. Upon verification by the Drug Inspector, it was found that the total quantity of Codeine Phosphate contained in the seized bottles was 64,000 mg, which is above commercial quantity. Accordingly, an offence under Section 21(c) of the NDPS Act has been registered, and investigation is still in progress. . The accused were arrested, and 3 after completion of investigation, a charge sheet was filed before the competent court. Hence, the bail application.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 20.01.2026. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail.
4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 04 cartons containing 640 bottles of Codeine Phosphate (Corex) cough syrup total 64,000 mg were seized from the motor cycle on which applicant is traveling carrying the same, is much above the commercial quantity as notified under the NDPS Act and as such, the applicant is not entitled to be released on bail.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. From perusal of the case diary, it transpires that the contraband articles i.e. 04 cartons containing 640 bottles of Codeine Phosphate (Corex) cough syrup total 64,000 mg were seized from the motor cycle on which the applicant is traveling carrying the 4 same, the said quantity of contraband article is much above the prescribed commercial quantity threshold under the NDPS Act and counsel for the applicant has failed to give plausible explanation regarding the same, further it cannot be a case of false implication and as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.
7. Accordingly, the bail application of the applicant - Mohit Kumar Gupta, involved in Crime No. 04/2026 registered at Police Station Kotba, Police Station- Bagbahar, District- Jashpur (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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.
- Sd/-
(Ramesh Sinha)
Chief Justice
Akhil