1 2025:CGHC:4234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 541 of 2025 Dinesh Kumar Jaiswal S/o Devabali Jaisawal Aged About 35 Years R/o Village Premnagar, Thana- Kusmunda, District- Korba, C.G. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Kusmunda, District- Korba, C.G. ... Non-applicant For Applicant : Mr. Vikas Pradhan, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/01/2025 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. 202/2023 registered at Police Station Kusmunda, District - Korba (C.G.), for the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, on the basis of secret information, the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 police of police station Kusmunda, has conducted raid and have seized 100 strip total 800 pieces pyeevon spas plus capsule from illegal possession of the applicant. According the aforesaid offence has been registered and the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that Section 37(1) (b) of NDPS Act not attracts in this case that the quantity is less than commercial quantity, because in the Taul Panchnama of the charge-sheet it is mention that the total 800 pieces of Capsule when all strips are weighted along with the wrapper is 700 grams. When one strip is weighted it is 7 grams and after taking it out from the strip when the capsule is weighted the weight is 0.01 grams. Total 0.01-800-8 grams which is less than commercial quantity. The essential ingredients of alleged offence are not prima facie attracted against the applicant and the applicant is in jail since 19.10.2023 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 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 and further the quantity of contraband article which is said to have been recovered from the possession of the applicant, is 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 State and perused the case diary. 3 6. From perusal of the case diary, it transpires that the contraband article which has been seized from the possession of the applicant, is much above the commercial quantity and the applicant has failed to explain the same and it cannot be a case of false implication, hence, this Court does not find a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Dinesh Kumar Jaiswal, filed under Section 483 of the B.N.S.S., involved in Crime No. 202/2023 registered at Police Station Kusmunda, District - Korba (C.G.), for the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 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 Kunal