1 2025:CGHC:13702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2264 of 2025 Mukesh Toppo S/o Santosh Toppo Aged About 21 Years R/o Bishunpur Khurd P.S. Gandhinagar District - Sarguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Gandhinagar District - Sarguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vidya Bhushan Soni, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/03/2025 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 applicants who have been arrested in connection with Crime No. 20/2025 registered at Police Station Gandhinagar District - Sarguja (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 03.01.2025, on January 3, 2025, the police of Gandhinagar Police Station in Sarguja district conducted a patrolling on the Bhagwanpura Khurd road. They spotted two young men carrying bags who fled towards a field upon seeing the police vehicle. The suspicious behavior led the police to chase and apprehend them. The individuals identified themselves as Mukesh Toppo, 21, from Bishunpur Khurd, and Girwar Das Vaishnav, 29, from Karwa Gajadharpur. A search of their bags revealed various injections, Talgesic Buprenorphine Injection IP 02 ML ampule 05-05 pieces in 03 trays in a blue coloured bag in the possession of applicant/accused Mukesh Toppo, total 15 pieces and Avil Pheniramine Maleate Injection IP 10 ml in a brown colored carton, total 20 pieces were found. On searching the suspect Girwar Das Vaishnav, Pilrest Diazepam Injection IP 02 ml in a red black colored bag in his possession, total 13 pieces and Avil Pheniramine Maleate Injection IP 10 ml in a brown colored carton, total 15 pieces were found, which were seized by the police. Thereafter, offence has been registered against the applicant and subsequently he was arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 13.01.2025. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the applicant has no criminal 3 antecedent and 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 would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court. She would further submit that the quantity of contraband article i.e. Talgesic Buprenorphine Injection IP 02 ML ampule 05-05 pieces in 03 trays, total 15 pieces and Avil Pheniramine Maleate Injection IP 10 ml in a brown colored carton, total 20 pieces recovered from the possession of the applicant and Pilrest Diazepam Injection IP 02 ml in a red black colored bag, total 13 pieces and Avil Pheniramine Maleate Injection IP 10 ml in a brown colored carton, total 15 pieces recovered from the possession of co-accused, which are much above the commercial quantity 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 article which has been seized from the possession of the applicant and another co-accused are much above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Mukesh Toppo, involved in Crime No. 20/2025 registered at Police Station Gandhinagar District - Sarguja (C.G.), for the offence punishable 4 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil