1 2025:CGHC:29542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5058 of 2025 • Ajay Dewangan @ Ajju S/o Pradeep Dewangan Aged About 30 Years R/o Shankar Nagar, Jagriti Chowk, Opposite Shiva Temple, Police Station Mohan Nagar, District Durg, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Mohan Nagar, District Durg, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Gagan Tiwari, Advocate For Respondent : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 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 No.74/2025 registered at Police Station, Mohan Nagar, District Durg (C.G.), for the offence punishable under Sections 08, 22, 27a of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that a secret information was received by the Police station of Mohan Nagar, District- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 Durg that, the Medical Store situated at Station Road namely Dev Bhagat Pharmacy is illegally sellingpsychotropic contraband substance. On the basis of the said information raid was conducted at the Medical Store on 01.03.2025 and search was conducted by the police Personel's along with Drug Inspector and witness to said raid During search from the Nitesh Singh Chocolate- CD 100 ML syrup total 23 plastic bottle total quantity 2300 MI was seized andfrom the present applicant on the basis of search following contraband substances were alleged to be seized - 1-Wykare- CD 100 Ml syrup total 13 peace of plastic bottle total 1300 ML, (As per FSL Codeine and Chlorpheniramine was found) 2-Onerex 100 Mi syrup total 20 peace plastic bottle total 2000 MI, (As per FSL Codeine was found), 3-Alprazolam Tablates IP 0.5 mg total 30 peace tablets total weight 3.9 Gram (As per FSL Alprazolam was found), 4-SAPS PROX Capsul total 68 peace total weight 38.76 gram(As per FSL Tramadol, Dicyclomine and Paracetamol was found), 5-Etizalam tablets IP 0.5 Mg total 30 peace tablets total weight 2.7 gram (As per FSL Etizolam was found). 6-Contramal SR 100 Tablets total 20 tablets total weight 6.6. Gram (As per FSL Tramadol was found) 7-Cash Rs. 4050/- was seized. 3. On the basis of the basis of articles seized from the applicant, the applicant was arrested on 01.03.2025 and the respondent authority registered an FIR on 02.03.2025 for the offence punishable under Section 8, 22 and 27(a) of the NDPS Act, 1985. Thereafter, final report was filed on 12.06.2025 wherein the applicant was arrayed as accused no 2. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail 3 since 01.03.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case. He further submits that the quantity of contraband article i.e. Wykare- CD 100 Ml syrup total 13 peace of plastic bottle total 1300 ML, Onerex 100 Mi syrup total 20 peace plastic bottle total 2000 MI, Alprazolam Tablates IP 0.5 mg total 30 peace tablets total weight 3.9 Gram, SAPS PROX Capsul total 68 peace total weight 38.76 gram, Etizalam tablets IP 0.5 Mg total 30 peace tablets total weight 2.7 gram, Contramal SR 100 Tablets total 20 tablets recovered from the possession of the applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity and it cannot be a case of false implication. 8. Accordingly, the bail application of the applicant – Ajay Dewangan @ Ajju, filed under Section 439 of the Cr.P.C., involved in Crime No.74/2025 registered at Police Station, 4 Mohan Nagar, District Durg (C.G.), for the offence punishable under Sections 08, 22, 27a of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Learned State counsel assures the Court that the investigation and charge-sheet would be submitted soon before the competent Court. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice vaishali