1 2025:CGHC:46600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6512 of 2025 Ravipal S/o Indrapal Aged About 20 Years R/o Amul Colony, Subhashnagar Police Station Gandhinagar, District Sarguja Permanent Residence Of Pandopara P.S. Jainagar, District Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Gandhinagar, District : Surguja (Ambikapur), Chhattisgarh ... Non-Applicant For Applicant : Mr. Arvind Sinha, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.09.2025 1. This is the 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.285 /2024 registered at Police Station – Station House Officer Gandhinagar, District - Sarguja (C.G.), for the offence punishable under Section 22(C) 27A of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution that, 23.05.2024 a secret information has been received by the concerning police that, the co-accused in their motor cycle have possessed Talgesic Buprenorphine Injection IP 02 ML total 40 piece and Avil Pheniramine Maleate Injection IP 10 ML total 25 piece and in the bag of Mashuk Khan, Talgesic Buprenorphine VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.12 12:54:04 +0530 2 Injection IP 02 ML total 25 piece and Avil Pheniramine Maleate Injection IP 10 ML total 25 piece from the joint possession of the applicants, after registration of FIR, the police has arrested the co- accused and only on the memorandum of other accused, the name of applicant has been inserted in the aforesaid crime. 3. The applicant submits that he is innocent and has not committed any of the offences alleged against him. No article has been seized from his exclusive possession, and he is not a habitual offender. The mandatory provisions regarding search and seizure were not followed by the Investigating Officer, which creates serious doubt about the fairness of the investigation. The alleged articles were seized from the joint possession of other accused persons, and the applicant’s name has been implicated solely on the basis of the memorandum of a co- accused. The applicant has been in jail since 06.06.2024, and the challan has already been filed before the learned trial Court. Being a permanent resident at the address mentioned in the cause title, he undertakes to abide by all directions and conditions imposed by this Hon’ble Court. Therefore, he prays that he be enlarged on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that the contraband Talgesic Buprenorphine Injection IP 02 ML total 40 piece and Avil Pheniramine Maleate Injection IP 10 ML total 25 piece from the possession of the applicant, which are 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. 3 6. Considering the overall facts and circumstances of the case, it is observed that contraband articles, namely Talgesic Buprenorphine Injection IP 2 ml (40 pieces) and Avil Pheniramine Maleate Injection IP 10 ml (25 pieces), were recovered from the possession of the applicant. The total quantity of the contraband so recovered is much above the threshold of 'commercial quantity' as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant has failed to provide any satisfactory explanation regarding the possession of the said contraband. Therefore, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant - Ravipal, involved in Crime No.285/2024 registered at Police Station – Station House Officer Gandhinagar, District - Sarguja (C.G.), for the offence punishable under Section 22(C) 27A of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of four months from the date of receipt of a certified copy of this order if the same has already not concluded further if there is no legal impediment. 9. 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 vaibhav