1 2025:CGHC:28757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4104 of 2025 Anwar Ali @ Pappu Khan S/o Azad Mohamad Aged About 46 Years Resident Of Village Bharatpur, Police Station Janakpur, District M.C.B. (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Janakpur, Distt Manendragarh Chirmiri Bharatpur (In Short M.C.B.) (C.G.) ... Respondent For Applicant : Smt. Hamida Siddiqui, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:57:27 +0530 2 grant of regular bail to the applicant who has been arrested in connection with Crime No.227/2024 registered at Police Station Janakpur, District M.C.B. (C.G.) for the offence punishable under Section 21(C) of Narcotic Drugs & Psychotropic Act Substances Act. 2. Case of the prosecution, in brief, is that on 21/11/2024 the concerned police of police station of Assistant Sub Inspector Janakpur, District MCB (C.G.) received secret information through informant that the applicant i.e. Pappu Khan @ Anwar Ali and his co-partner coming in motorcycle from village Dadri District Sidhi (M.P.) towards Janakpur and they having illegal intoxicate syrup for the purpose of sale. On the basis of such information the concerned police reached on spot in village Ghordhara Main road, bridge and they surrounded to the applicant and stopped them thereafter enquired him, then his name was told as Anwar Ali @Pappu Khan and searched enquiry has been initiated and Ajay Singh Baghel and thereafter the concerned police has found total 120 piece bottle Onrex Cough Syrup seized from the possession of applicant and other co-accused. Thereafter the concerned police of police station Janakpur, District MCB (C.G.) investigated the matter and registered the crime for an offence punishable under section 21(C) of Narcotic Drugs & Psychotropic Substances Act against the present applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. She would submit that 3 contraband article Onrex Cough Syrup does not belong to the applicant. She would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. She would submit that the applicant has no criminal antecedents and charge sheet has been filed in this case and applicant is in jail since 21/11/2024 and conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/respondent 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. total 120 bottles of Onrex Cough Syrup seized from the possession of applicant and other co-accused, which is 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 contraband article i.e. total 120 bottles of Onrex Cough Syrup seized from the possession of applicant and other co-accused is above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false 4 implication, the trial is in progress, therefore I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant Anwar Ali @ Pappu Khan, involved in Crime No.227/2024 registered at Police Station Janakpur, District M.C.B. (C.G.) for the offence punishable under Section 21(C) of Narcotic Drugs & Psychotropic Act Substances Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri