1 2025:CGHC:2293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 311 of 2025 Suraj @ Rohit Dhohare S/o Late Ramniwas Dhohare Aged About 23 Years R/o Gangapur- Nalapara, Gandhinagar, Distt. Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O., Police Station- Gandhinagar, District Surguja (C.G.) ... Non-Applicant For Applicant : Mr. Sanjay Pathak, Advocate. For Respondent(s) : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.385/2024, registered at Police Station: Gandhinagar, District Surguja, Chhattisgarh for the offences punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in short, is that on the 28.06.2024 during the Police patrolling at Kanya Parisar road near Rajwade Bhawan two PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 18:53:42 +0530 2 unknown person stood with carry bag. After some time Police stopped them and during the search has been seized 05-05 trey Talgesic Buprenorphine ip Injection containing 2ml total 25 piece and 25 piece Avil Pheniramine maleate injection ip containing 10 ML each from the possession of the present accused, namely, Suraj @ Rohit Dhohare and same content seized from the possession of the co-accused and registered the FIR for the offence under Section 21(C)of NDPS Act against the present applicant and co-accused Malakar in connection with Crime No. 385/2024 and after due investigation the charge-sheet has been filed before the learned Trial Court. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant has been implicated only of the basis of the memorandum statement of co-accused and the applicant has no previous criminal antecedents. It is further submitted that the charge-sheet has been filed. The applicant is in jail since 28.06.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the quantity of 05-05 trey Talgesic Buprenorphine ip Injection containing 2ml total 25 piece and 25 piece Avil Pheniramine maleate injection ip containing 10 ML each from the possession of the present accused, namely, Suraj @ Rohit Dhohare and same content seized from the possession of the co-accused, which is much more than the commercial quantity. Further the charge- sheet has been submitted. Hence, his bail application is liable to be 3 dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of contraband article which has been seized from the present applicant, is much 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, the bail application of applicant – Suraj @ Rohit Dhohare involved in Crime No.385/2024, registered at Police Station: Gandhinagar, District Surguja, Chhattisgarh for the offences punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti