1 2025:CGHC:2289 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 300 of 2025 Brijesh Kachhuwaha S/o Late Murari Lal Kachhuwaha Aged About 34 Years R/o Old Bus Stand, Bilaspur P.S. Civil Line, District Bilaspur Chhattisgarh, Currently R/o Navdeep Hieghts Link Road, P.S. Tarbahar District Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏce, Police Station Kota, District Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Ms. Renu Kochar, Advocate For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 263/2024 registered at Police Station– Kota, District : Bilaspur (C.G.), for the offence punishable under Sections 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Kota, District : Bilaspur (C.G.), had received secret information from the informant and on the basis of the said information RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.15 11:36:56 +0530 2 conducted a raid and seized total 400 pieces of Onerex Syrups from the possession of the present applicant which he was carrying in his i20 car. Thereafter, the Police has registered the offence punishable under Sections 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the physical possession of the present applicant. She further submits that the applicant's father namely Murari Lal Kachhuwaha and mother Mala Kachhuwaha, have died and has left only his brother Sagar Kachhuwaha in the family and his brother is scheduled to be married on 19.01.2024, She also submits that the present applicant is in jail since 24.03.2024 and conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. total 400 pieces of Onerex Syrups was recovered from the possession of the present 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. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. total 400 pieces of Onerex 3 Syrups which has been seized from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication, 7. Accordingly, the bail application of the applicant – Brijesh Kachhuwaha, involved in Crime No. 263/2024 registered at Police Station– Kota, District : Bilaspur (C.G.), for the offence punishable under Sections 21, 22 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 trail expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan