1 2025:CGHC:40440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5787 of 2025 Manish Masih S/o Sunil Masih Aged About 19 Years R/o Ward No.10, Jyotipur, Pendra Road, Gourela, District- G.P.M., C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Gourela, District- G.P.M., C.G. ... Respondent For Applicant : Shri Surendra Sahu, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/08/2025 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.78/2025 registered at Police Station Gourela, District G.P.M. (C.G.) for the offence punishable under Section 21, 22(C) of N.D.P.S. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.12 20:20:42 +0530 2 2. Case of the prosecution, in brief, is that on 26.03.2025, information was received through an informant at Police Station Gourela that Atul Sahu, Manish Masih, and Laxman Sarthi, residents of Old Gourela, were carrying prohibited narcotic substances for illegal sale on a TVS Apache motorcycle bearing registration No. CG-13 R-3540, heading towards Old Gourela via the underbridge. Based on this information, a raid was conducted with a cordon, and during the legal proceedings, in the presence of police personnel and witnesses, a search was conducted on the suspects Atul Sahu, Manish Masih and Laxman Sarthi, all residents of Old Gaurela. During the search, the following items were recovered: from Atul Sahu, one black TVS Apache motorcycle (registration No. CG-13 R-3540) and one blue Vivo mobile phone model 1916; from Manish Masih, 20 ampules of Buprenorphine Injection IP (each 2 mg) and 20 vials of Avil Injection (each 10 ml, filled with liquid, sealed) kept in a black plastic sheet and from Laxman Sarthi, cash amounting to Rs. 200/-. As the accused were found guilty of offences under Sections 21 and 22(C) of the NDPS Act, a case was registered against them and they were arrested and taken into custody. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 27/03/2025. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would submit that conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the 3 present case before the competent Court. She would submit that from the joint possession of applicant and two other co-accused persons Buprenorphine Injection IP: 20 ampules, each containing 2 ml, total 40 ml and Avil Vial Injection: 20 vials, each containing 10 ml, total 200 ml of liquid substance has been recovered but the contraband article Buprenorphine Injection total 40 ml which is recovered from the joint possession of applicant and two other co-accused persons is above commercial quantity, 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. From perusal of the case diary, it transpires that from the joint possession of applicant and two other co-accused persons Buprenorphine Injection IP: 20 ampules, each containing 2 ml, total 40 ml and Avil Vial Injection: 20 vials, each containing 10 ml, total 200 ml of liquid substance has been recovered. Considering the fact that contraband article Buprenorphine Injection total 40 ml which is recovered from the joint possession of applicant and two other co- accused persons is above the commercial quantity, further the applicant and other co-accused persons have failed to give explanation for the same, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant Manish Masih, involved in Crime No.78/2025 registered at Police Station Gourela, District G.P.M. (C.G.) for the offence punishable under Section 21, 22(C) of N.D.P.S. Act, is rejected. 4 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri