1 2025:CGHC:33445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4563 of 2025 Suraj Singh S/o Jaswant Singh Aged About 25 Years R/o Muktipara, Atal Awas, Ambikapur, Police Station- Gandhinagar, Tehsil- Ambikapur, District Surguja, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O., P.S.- Gadhinagar, District Surguja, Chhattisgarh. ... Non-applicant For Applicant : Mr. Gopal Swaroop Gupta, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2025 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. 133/2025 registered at Police Station – Gandhinagar, District – Surguja (C.G.), for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story in brief is that on 22.02.2025, during patrolling, the police authorities, merely on suspicion, searched the main ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.18 12:16:24 +0530 2 accused, Prince Gupta, who was allegedly riding a Scooty (Activa) bearing registration number CG 03 A 0286 and coming from Ambedkar. Certain narcotic and psychotropic substances were allegedly recovered. The items seized, as per the prosecution, include 100 ampoules (25x4) of Rexogesic Buprenorphine Injection IP 2ml, 100 vials (25x4) of Avil Pheniramine Maleate Injection IP 10ml, and 12 bottles (100ml each) of Onerex Codeine Phosphate Cough Syrup. Thereafter, an FIR was lodged for the offence under Section 22(c) of the NDPS Act, 1985, against the main accused only. The present applicant has been arrested merely on the basis of the memorandum of the main accused. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article were not seized from the possession of the present applicant. He submits that the main accused, Prince Gupta, in his memorandum statement, allegedly stated the name of the applicant and alleged that the said contraband was procured from the present applicant and one other person. It is solely on the basis of this memorandum statement that the present applicant was arrested He also submits that the mandatory provision of Section 42 of NDPS Act has not been complied with by the police officials while making seizure of alleged contraband from the applicant. He submits that the present applicant has no criminal antecedents and he is in jail since 19.05.2025, conclusion of the trial may take some time, therefore, he 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 charge-sheet has already 3 been submitted before the competent Court in the present case. He further submits that the quantity of contraband article i.e. 100 ampoules (25x4) of Rexogesic Buprenorphine Injection IP 2ml, 100 vials (25x4) of Avil Pheniramine Maleate Injection IP 10ml, and 12 bottles (100ml each) of Onerex Codeine Phosphate Cough Syrup, were recovered from the possession of the main accused, Prince Gupta, in his memorandum statement, allegedly stated the name of the applicant and alleged that the said contraband was procured from the present applicant and one other person, 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 quantity of contraband article i.e. 100 ampoules (25x4) of Rexogesic Buprenorphine Injection IP 2ml, 100 vials (25x4) of Avil Pheniramine Maleate Injection IP 10ml, and 12 bottles (100ml each) of Onerex Codeine Phosphate Cough Syrup, were recovered from the possession of the main accused, Prince Gupta, in his memorandum statement, allegedly stated the name of the applicant and alleged that the said contraband was procured from the present applicant and one other person, which is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Suraj Singh, involved in Crime No. 133/2025 registered at Police Station – 4 Gandhinagar, District – Surguja (C.G.), for the offence punishable under Section 22(c) 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 trial expeditiously. 9. Office 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 Abhishek