1 2025:CGHC:12098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1978 of 2025 Durgawati W/o Krishna Rao Aged About 35 Years R/o Village Barta, Police Chowki Karanja, P.S. Vishrampur District Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Outpost Wadrafnagar, P.S. Basantpur, District Balrampur Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Nishi Kant Sinha, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.03.2025 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. 169/2024 registered at Police Station – Basantpur, District- Balrampur Ramanujganj, (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Basantpur, District- Balrampur Ramanujganj (C.G.), had received secret information from the informant and on the basis of the said RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 information conducted a raid and seized 100 pieces of Buprenorphine Injection 2 ml each and 100 pieces injection of Avil injection 10 ml each, from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the physical possession of the present applicant. He further submits that the contraband psychotropic substance was not recovered from the possession of the present applicant. The applicant has been implicated solely based on the statement of the co-accused, who alleged that the applicant had instructed her to procure the contraband. There is no direct evidence linking the applicant to the actual possession or transportation of the substance. He also submits that the present applicant has no any previous criminal antecedents. He further submits that the present applicant is in jail since 25.10.2024 and 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 the quantity of contraband article i.e. 100 pieces of Buprenorphine Injection 2 ml each and 100 pieces injection of Avil injection 10 ml each, were recovered from the possession of the present applicant, which is much above the commercial quantity and as such, the applicant is 3 not entitled to be released 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 and further the fact that the contraband article i.e. 100 pieces of Buprenorphine Injection 2 ml each and 100 pieces injection of Avil injection 10 ml each which have been seized from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Durgawati, involved in Crime No. 169/2024 registered at Police Station – Basantpur, District- Balrampur Ramanujganj, (C.G.), for the offence punishable under Section 22(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. OfÏce 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