1 2025:CGHC:31686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3625 of 2025 Bihari Prasad Agrawal S/o Keshar Dev Agrawal Aged About 23 Years R/o Ward No. 8, Khajur Tikra, Thana - Bargarh, District Bargarh, Odisha, Present Address Infront Of Gate No. 2 Of Bhushan Steel Plant, Jai Matadi And General Store Bargarh (Odisha) (Correctly Mention As Per Order Sheet) ... Applicant versus State Of Chhattisgarh Through P.S. New Rajendra Nagar, Raipur Distt - Raipur Chhattisgarh ... Respondent For Applicant : Shri Sudhir Sharma, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. and Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/07/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.15 10:46:17 +0530 2 bail to the applicant who has been arrested in connection with Crime No.489/2024 registered at Police Station New Rajendra Nagar, Raipur, Distt- Raipur (C.G) for the offence punishable under Sections 8/21, 27 A of Narcotic Drugs & Psychotropic Substance Act. 2. Case of the prosecution, in brief, is that on 29.12.2024 receiving secret information the police authority seized 1008 pieces capsules of SPASMODIC PROXYVON PLUS (Dicyclomine Hydrochloride Tramadol Hydrochloride and Acetaminophen Capsules) has been seized from the possession of the applicant. Thereafter the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant has not played any active role in committing the said offence and even he has no knowledge about the capsules and injections which were seized and the contraband article are not seized from the exclusive possession of applicant and also applicant is not manufacturing, purchasing, selling, importing exporting ог using the Psychotropic Substance. He would submit that Section 50 of the NDPS Act has not been complied by the prosecution because they have not served the separate notice upon the applicant which is mandatory under the N.D.P.S. Act. He would submit that the present applicant is a licence holder businessman and running a small medical shop in the name of Jai Matadi Medical and General Store and the applicant is having a licence to sell drugs in his medical shop and 3 the applicant purchased the seized contraband for his shop. He further submits that the charge-sheet has been filed and the applicant is in jail since 31/12/2024 and the conclusion of the trial is likely to take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the quantity of contraband article i.e. 1008 pieces capsules of SPASMODIC PROXYVON PLUS (Dicyclomine Hydrochloride Tramadol Hydrochloride and Acetaminophen Capsules) has been seized from the possession of the applicant, which is more than the commercial quantity. Further, the charge-sheet has been submitted. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the fact that quantity of contraband article i.e. 1008 pieces capsules of SPASMODIC PROXYVON PLUS (Dicyclomine Hydrochloride Tramadol Hydrochloride and Acetaminophen Capsules) has been seized from the possession of the applicant, which is more than the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted and the trial is in progress, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of applicant Bihari Prasad Agrawal involved in Crime No.489/2024 registered at Police Station New Rajendra Nagar, Raipur, Distt- Raipur (C.G) for the offence punishable 4 under Sections 8/21, 27 A of Narcotic Drugs & Psychotropic Substance Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri