1 2025:CGHC:24695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4495 of 2025 Irshaad Khan, Aged About 34 Years S/o Shafi Mohammed Khan @ Munna Khan R/o Near Kirana Store, Tarun Nagar, Raipur, P.S. Civil Lines, Tehsil And District Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Inspector, Police Station Civil Lines, District Raipur, Chhattisgarh. ... Respondent For Applicant : Shri Amit Buxy, Advocate. For Respondent/State : Shri S.S. Baghel, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/06/2025 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 connection with Crime No.133/2025 registered at Police Station Civil Lines, Raipur (C.G.) for the offence punishable under Section 22(b) of N.D.P.S Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.17 18:34:00 +0530 2 2. Case of the prosecution, in brief, is that Sub-Inspector P.S Civil Lines, Raipur has lodged a FIR that on 25/03/2025 upon an information received through an informant, the police have on 26/03/2025 seized 25 Strips of SPASMO-PROXYVON PLUS capsules containing 200 capsules measuring 122 grams in 2 packets from One Sebi A Benjamin and seized 36 Strips of SPASMO-PROXYVON PLUS capsules containing 288 capsules measuring 175.68 grams from One Ashwani Pal total measuring 297.68 Grams. It is pertinent to mention here that the present applicant has not been named in the FIR. However, it is alleged that during subsequent investigation, on 29/03/2025 an amount of 17 Strips of SPASMO-PROXYVON PLUS capsules containing 136 capsules in total measuring a total of 82.96 grams (Intermediate Quantity) has been seized by the Applicant herein. The said FIR was registered on 26/03/2025 against other co-accused and present applicant was falsely implicated on 29/03/2025 and arrested on 30/03/2025 under Section 22(b) N.D.P.S Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband article was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that the seized contraband article i.e. 17 Strips of SPASMO-PROXYVON PLUS capsules containing 136 capsules in total measuring 82.96 grams is less than the commercial quantity. He later submits that the applicant has no criminal antecedent, charge sheet has been filed and he is in jail since 30/03/2025 and the 3 conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. He would submit that charge sheet has not been filed. He further submits that from the possession of the applicant contraband article i.e. 17 Strips of SPASMO-PROXYVON PLUS capsules containing 136 capsules in total measuring 82.96 grams is seized which is less than the commercial quantity. He would submit that the applicant has no criminal antecedent. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the fact that the applicant has no criminal antecedent and the contraband article i.e. 17 Strips of SPASMO-PROXYVON PLUS capsules containing 136 capsules in total measuring 82.96 grams recovered from the possession of the applicant is less than the commercial quantity and submission is made at Bar that charge sheet has been filed on 11/06/2025, applicant is in jail since 30/03/2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Irshaad Khan, involved in Crime No.133/2025 registered at Police Station Civil Lines, Raipur (C.G.) for the offence punishable under Section 22(b) of N.D.P.S Act., be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office 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 gouri