RAHUL TANDI @ KALIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the First bail application filed under Sec. 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. 358/2025 registered at Police Station - Kotwali District- Rajnandgaon (C.G.), for the offence punishable under Sec. 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Case of the prosecution, in brief, is that on 17/8/2025, the police authorities received credible information from an informer that a person was selling contraband substances near the Railway Station Auto Stand. Acting upon the said information, a raid was conducted during which 20 strips of Nitrosun, containing a total of 199 tablets, were seized from co-accused Neil Gidwani. During investigation, the memorandum statement of the present applicant was recorded and, pursuant thereto, 1,000 tablets of Nitrosun weighing about 550 grams and containing Nitrazepam were seized from his possession. Further, from another co-accused, namely Purnand Mehar, a total of 400 tablets were seized. Thereafter, the Police has registered the offence punishable under Sec. 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant and other co-accused.

(3.) Learned counsel for the applicant submits that the applicant has no connection with the commission of the aforesaid crime and were falsely implicated in the crime in question. It is submitted that though the prosecution alleges recovery of commercial quantity of Nitrazepam, the mandatory provisions of the NDPS Act have not been complied with and the seizure allegedly made from the present applicant is not in accordance with law, therefore, the rigors of Sec. 37 of the NDPS Act are not attracted, particularly when the prescribed commercial quantity of Nitrazepam is 500 grams and the actual quantity is seriously disputed. It is further submitted that the investigating agency failed to follow the mandatory procedures relating to seizure, sampling, weighing, and storage of the contraband, in clear violation of the circulars issued by the Narcotics Control Bureau, including Circular No. 1/89, which has been held to be mandatory and binding by the Hon 'ble Supreme Court in Noor Aga v. State of Punjab (2008) 16 SCC 417 . The contraband was allegedly weighed along with the bag, rendering the seizure doubtful and vitiating the investigation, and consequently the bar under Sec. 37 NDPS Act does not apply. It is further submitted that various High Courts, including the Hon 'ble High Court of Madhya Pradesh, Delhi, and Telangana, have granted bail in similar circumstances. He also submits that the present applicant has no any criminal antecedents, charge-sheet has been submitted and he is in jail since 16/7/2025 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.