1 2025:CGHC:37908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6060 of 2025 • Chudamani Yadav S/o Bhekhram Yadav Aged About 26 Years R/o Village Durgapur, Laripani, Police Station And Tahsil Lailunga, District Raigarh Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station Baradwar, District Janjgir-Champa Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ashish Gupta, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/08/2025 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. 116/2025 registered at Police Station Baradwar, District Janjgir-Champa (C.G.), for the offence punishable under Section 21(C) and 29 of the N.D.P.S Act. 2. Case of the prosecution, in brief, is that on 12.05.2025, the police VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.06 10:44:09 +0530 2 has received information that the other co-accused namely Ritesh Gabel is transporting the illegal contraband article in the Tata Punch Car bearing registration No.CG-13/BA-0566 thereafter the police party reached on spot and searched the co-accused in which found 41 pieces onerex cough syrup 4.1 liter and 9 pieces of winecerax syrup 9 liter total 15 pieces from the possession of co-accused, thereafter the same has been recovered and crime was registered against the co-accused and during the course of investigation police has arrested the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband article was not seized from the exclusive possession of the applicant. He further submits that 41 pieces onerex cough syrup 4.1 liter and 9 pieces of winecerax syrup 9 liter total 15 pieces from the possession of co- accused, only on the basis of memorandum statement of the co- accused, present applicant has been implicated in this case. He later submits that the applicant has no criminal antecedent and he is in jail since 17.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, 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 before the competent Court and submits that the applicant has no criminal antecedent and 41 pieces onerex cough syrup 4.1 liter and 9 pieces of winecerax syrup 9 liter total 15 pieces recovered from the car in which the applicant was found, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. So far as the recovery made from the present applicant is concerned 41 pieces Onerex cough syrup 4.1 liter and 9 pieces of Winecerax syrup 9 liter total 15 pieces recovered from the car in which the applicant was found, is much above the prescribed commercial quantity threshold, therefore the rigors of Section 37 of the NDPS Act are applicable. No ground is made out to believe that the applicant is not guilty of the offence or is not likely to commit a similar offence while on bail. 7. Accordingly, the bail application of the applicant – Chudamani Yadav involved in Crime No. 116/2025 registered at Police Station Baradwar, District Janjgir-Champa (C.G.), for the offence punishable under Section 21(C) and 29 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. - Sd/- (Ramesh Sinha) Chief Justice vaishali