1 2025:CGHC:15462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2571 of 2025 Rakesh Sahu S/o Sevakram Sahu Aged About 30 Years R/o Village Muhad Beech Basti, Ward No. 06, Police Station Bichhiya, District Mandala (MP), At Present Resident Of New Changorabhatha, Infront Of Pawar Bhawan, House Of Dewangan, Police Station D.D. Nagar, Raipur, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Station D.D. Nagar, Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Ritika Verma, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/04/2025 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 applicant who has been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 496/2024 registered at Police Station D.D. Nagar, Raipur, District Raipur (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 on December 28, 2024, the Police of DD Nagar Police Station seized 23 bottles of the prohibited syrup ZUFIA Triprolidine Hydrochoride and Codine Phosphate from the applicant/accused near Indraprastha Electricity OfÏce in Raipur, Chhattisgarh. Each bottle contained 100-100 ml of syrup, totaling 2.300 liters. This led to the registration of a crime under Section 21 of the NDPS Act at DD Nagar Police Station in Raipur, with Crime No. 496/2024. Following the investigation, a charge-sheet was filed under Section 21(C) of the NDPS Act. As per Section 2 of the NDPS Act and the Central Government's notification, the commercial quantity of codeine is more than 1 kg, and the seized quantity of 2.300 liters is considered commercial. 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 28.12.2024. She would further submit that the actual facts of the case are that the applicant was waiting for an auto-rickshaw near the Indraprastha Electricity OfÏce in Raipur when the main accused, Suraj Kaleth, arrived with bags and stood beside him, upon seeing a constable approaching towards him he fled away leaving behind the said bags containing contraband articles, which led to the applicant being wrongly implicated in the case. She would also 3 submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, she 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 been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 23 bottles of the prohibited syrup ZUFIA Triprolidine Hydrochoride and Codine Phosphate contained 100-100 ml of syrup, totaling 2.300 liters seized from the possession of applicant is much above the commercial quantity, 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 articles which have been seized from the possession of the applicant is 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-Rakesh Sahu, involved in Crime No. 496/2024 registered at Police Station D.D. Nagar, Raipur, District Raipur (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 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