1 2025:CGHC:19079 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3230 of 2025 Sunil Kumar Decate S/o Jageshwar Decate Aged About 35 Years R/o Ward No. 45, E W S -116, Kasaridih, Durg, District Durg, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station O P Smriti Nagar, P S Supela, District Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Gagan Tiwari, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2025 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 connection with Crime No. 76/2025 registered at Police Station O P Smriti Nagar, P S Supela, District Durg (C.G.), for the offence punishable under Sections 8 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 18.01.2025, as per secret information received from the informant, the Police of Police Station O P Smriti Nagar, P S Supela, District Durg (C.G.) seized one mobile of Hero Company, one carry bag of Jalaram Sweet in which contraband substance tablets of Alphazolam 0.5, 9 strips each having 50 pieces, 1 strip having 30 tablets, 2 strip having 20 tablets, total 500 tablets worth rupees 4,500/-, Rs.500/- note, two Rs.100/- notes, one Rs.50/- note and scooty Activa bearing registration No.CG-07-CV-1099 worth Rs.50,000/-, thereafter, applicant was arrested and 50 tablets were sent for FSL on 24.01.2025, and in FSL it was found that the seized articles are contraband substance i.e. Alphazolam. 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 18.01.2025. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case as the contraband articles seized was weighted alongwith strips, which is incorrect and in the prosecution case itself each tablets consists of 0.5 mg Alprazolam, therefore, the total quantity of contraband substance would be 0.25 grams which is less than small quantity. He would also submit that 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 been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. Alphazolam 0.5, 9 strips 3 each having 50 pieces, 1 strip having 30 tablets, 2 strip having 20 tablets, total 500 tablets, which 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 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 is above the commercial quantity and on a pointed query being made from counsel for the applicant with respect to the seized contraband articles, he is failed to give plausible explanation in this regard as he has no licence, further it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Sunil Kumar Decate, involved in Crime No. 76/2025 registered at Police Station O P Smriti Nagar, P S Supela, District Durg (C.G.), for the offence punishable under Sections 8 and 22 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 Akhil