1 2025:CGHC:12581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2056 of 2025 Chandan Malle S/o Shri Kadruvel Malle Aged About 20 Years R/o Sai Colony, Atal Awas, House No. C-13, Dalpat Sagar Ward No. 18, P.S. Bodhghat, Tahsil Jagdalpur, District Bastar Chhattisgarh (Detail Of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant versus State of Chhattisgarh Through Station OfÏcer, Police Station Bodhghat, District Bastar, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vinod Kumar Tekam, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.03.2025 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. 165/2023 registered at Police Station – Bodhghat, District- Bastar, (C.G.), for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station Bodhghat, District Bastar, (C.G.), had received secret information RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 from the informant and on the basis of the said information conducted a raid and seized Codeine Phosphate Syrup Onresk 100 ml of 24 nag, and Codeine Phosphate Syrup Relaxkof 100 ml of 29 nag ban medicine, from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Section 21(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 ban medicine has been seized from the place of incident at open place bus stand and the applicant was not knowing about the incident. He further submits that the police have not seized any illegal ban medicine from the possession of the present applicant. He further submits that as per the status of the trial, only 4 prosecution witnesses have been examined in the case. He also submits that the present applicant has only one previous criminal antecedent under the NDPS Act, in which, he is on bail. He further submits that the present applicant is in jail since 27.07.2023 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. Codeine Phosphate Syrup Onresk 100 ml of 24 nag, and Codeine Phosphate Syrup Relaxkof 100 ml of 29 nag 3 ban medicine, were recovered from the possession of the present applicant, which is much above the commercial quantity and the present applicant has one criminal antecedents under the similar nature which shows that the present applicant is habitual offender 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. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. Codeine Phosphate Syrup Onresk 100 ml of 24 nag, and Codeine Phosphate Syrup Relaxkof 100 ml of 29 nag ban medicine 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 the present applicant has a prior criminal record under the NDPS Act, for which he was previously granted bail, however, he has committed the same offence again, thereby violating the conditions of his bail, as such, this case is not fit for the grant of bail. 7. 7. Accordingly, the bail application of the applicant – Chandan Malle, involved in Crime No. 165/2023 registered at Police Station – Bodhghat, District- Bastar, (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. 4 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