1 2025:CGHC:1778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 227 of 2025 Sharad Nayak S/o Late Shyam Nayak Aged About 23 Years R/o Block No. 8, House No. 23, BSUP Colony, Bhatagaon, Police Station Purani Basti Raipur, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Purani Basti Raipur, District- Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. C.R. Sahu, Advocate. For Non-Applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/01/2025 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. 423/2024 registered at Police Station Purani Basti Raipur, District- Raipur (C.G.), for the offence PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.11 14:11:18 +0530 2 punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 17.10.2024, as per secret information received from the informant, the Police of Police Station Purani Basti Raipur, District- Raipur (C.G.) conducted raid and seized Safunex Triprolidine Hydrochloride & Codeine Phosphate Syrup 07 pieces, Planokuf Codeine Phosphate and Triprolidine Hydrochloride Syrup 05 pieces each bottle containing 100-100 ml each quantity 1200 ml from the possession of the present applicant, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 17.10.2024. 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 only on the basis of memorandum statement of the co-accused persons, present applicant has been made an accused 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 been filed in the present case before the competent Court. She would further submit that the quantity of contraband article i.e. Safunex Triprolidine Hydrochloride & Codeine Phosphate Syrup 3 07 pieces, Planokuf Codeine Phosphate and Triprolidine Hydrochloride Syrup 05 pieces each bottle containing 100-100 ml each quantity 1200 ml recovered from the possession of the applicant, 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 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-Sharad Nayak, involved in Crime No. 423/2024 registered at Police Station Purani Basti Raipur, District- Raipur (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. 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 Preeti