1 2025:CGHC:31687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4592 of 2025 Prem Baghel S/o Shri Fotu Baghel Aged About 36 Years R/o Near Budhi Mata Mandir, Durga Nagar, P.S. New Rajendra Nagar, Dist. Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer (S.H.O.) P.S.- New Rajendra Nagar, Dist.- Raipur (C.G.) ... Respondent For Applicant : Shri Palash Jha, Advocate holding brief of Shri Devershi Thakur, 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 bail to the applicant who has been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.15 10:47:25 +0530 2 No.489/2024 registered at Police Station New Rajendra Nagar, Raipur, Distt- Raipur (C.G) for the offence punishable under Sections 8C/22B, 29 r/w 22C of NDPS Act. 2. Case of the prosecution, in brief, is that on 29/12/2024, based on information received by Police Station New Rajendra Nagar, Raipur a search was conducted behind an RDA building in a vacant plot. During the search, from the applicant/accused Shri Prem Baghel, who was wearing a sweater, & from his possession of an Activa vehicle (Registration No. CG-04-LS-5973) allegedly certain prohibited psychotropic capsules, namely SPASMO PROXYVON PLUS (containing Dicyclomine Hydrochloride, Tramadol Hydrochloride, and Acetaminophen), with batch numbers XZ10387 and XZ10336, were seized. The seizure included 12 strips, each containing 24 capsules, totaling 288 capsules with a total weight of 175.68 grams. Additionally, from co-accused Kishore Harpal, 6 strips of the same capsules (totaling 144 capsules, weighing 87.84 grams) were seized. In total, from the joint possession of the accused and co-accused, 432 capsules weighing 263.52 grams were recovered. An FIR was registered at P.S. New Rajendra Nagar, Raipur, under crime no. 489/2024 u/s 8/21, 27(k) of Narcotics Act & investigation was conducted & charge Sheet was filed. Thereafter, the case has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is a delivery boy/handy man who works for "Jai Mata Di Medical Agency" / "Jeevan Deep Distributers" and his job was to deliver the articles as and when directed by agency. He would submit 3 that in the present case, the Agency was also raided and the owner is also alleged to have been selling the medicines without prescriptions. He further submits that the charge-sheet has been filed and the applicant is in jail since 30/12/2024 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. 432 capsules weighing 263.52 grams of SPASMODIC PROXYVON PLUS (Dicyclomine Hydrochloride Tramadol Hydrochloride and Acetaminophen Capsules) were recovered from the joint possession of the applicant and co-accused, 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. 432 capsules weighing 263.52 grams of SPASMODIC PROXYVON PLUS (Dicyclomine Hydrochloride Tramadol Hydrochloride and Acetaminophen Capsules) were recovered from the joint possession of the applicant and co-accused, 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. 4 7. Accordingly, the bail application of applicant Prem Baghel involved in Crime No.489/2024 registered at Police Station New Rajendra Nagar, Raipur, Distt- Raipur (C.G) for the offence punishable under Sections 8C/22B, 29 r/w 22C of NDPS 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