1 2025:CGHC:28262 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3399 of 2025 Devi Das Vaishnav S/o Satyanarayan Vaishnav Aged About 33 Years R/o Mukhedi, P.S. Palaudi, District Palaudi (Rajasthan) At Present R/o Dewangan's House, Near Ashok Vatika, Mahadev Ghat Road, Bhatagaon, P.S. Purani Basti, Raipur, Chhattisgarh. (Surname Not Mentioned In Order Sheet) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Purani Basti, District Raipur, Chhattisgarh. ... Respondent For Applicant : Shri Anway Tiwari, Advocate through VC. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/06/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:43:12 +0530 2 connection with Crime No.59/2025 registered at Police Station Purani Basti Dist: Raipur (C.G) for the offence punishable under Section 21(b) NDPS Act. 2. Case of the prosecution, in brief, is that on 26/02/2025, based on information received from an informant, the police at Police Station Purani Basti, Raipur, seized from the accused's possession, near Ashok Vatika, Bhatagaon, Raipur, District Raipur (CG), a restricted psychotropic substance, a white powder-like substance (drugs) weighing 7.15 grams, which was found in a zip- lock polythene pouch in the accused's full pants pocket. A case under Section 21(B) of the NDPS Act was registered against the applicant/accused at Police Station Purani Basti, Raipur, vide Crime No. 59/2025, and after investigation, a charge sheet has been filed. 3. Learned counsel for the applicant submits that none of the mandatory provisions have been followed by the prosecution in the case and the contraband article seized is intermediate quantity below commercial quantity. He would submit that there was no difference in the measures of seized article, when some of the alleged seized contraband was used for sampling for FSL. He would submit that till date FSL Report has not been by the prosecution which creates serious doubts on the story of prosecution whether it is illegal contraband or simple white powder. He would submit that the charge sheet has been filed, he 3 is in jail since 26/02/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. She would submit that a white powder-like substance (drugs) weighing 7.15 grams, which was found in a zip-lock polythene pouch was seized from the applicant’s full pants pocket. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that white powder-like substance (drugs) weighing 7.15 grams, which was found in a zip-lock polythene pouch was seized from the applicant’s full pants pocket but he failed to give explanation for the same, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Devi Das Vaishnav involved in Crime No.59/2025 registered at Police Station Purani Basti Dist: Raipur (C.G) for the offence punishable under Section 21(b) NDPS Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri