1 2025:CGHC:42996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6694 of 2025 Purn Chandra Sahu (Puran Chand) S/o Raghuraj Sahu Aged About 44 Years R/o Village Bagar P.S. Kesinga District Kalahandi (Odisha) ... Applicant versus State Of Chhattisgarh Through Police Station Devendra Nagar District - Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. F. S. Khare, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.08.2025 1. This is the first 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.101/2025 registered at Police Station - Devendra Nagar, District - Raipur (C.G.), for the offence punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.25 17:31:02 +0530 2 2. The prosecution case in short is that, on 19.05.2025, the police of police station Devendra Nagar received an information from informant and after complying with the mandatory provisions of NDPS Act, the police proceeded towards the place of incident Paras Nagar near over bridge P.S. Devendra Nagar Raipur and from possession of accused Sonu alias Sanjay Suryavanshi recovered a white cotton bag containing prohibited tablets "SPASMO PROXYVON" total 19 stripes each stripes have 8 capsules total 119 gram. On the basis of memorandum of accused Sonu alias Sanjay Suryavanshi, caught co-accused Vasudev Pandey alias Babu and recovered tablets "SPASMO PROXYVON" total 06 stripes each stripes have 48 capsules and police also recovered tablets "SPASMO PROXYVON PLUS" total 07 box in 5 box 144-144 number, 1 box 128 number, 1 box 88 number total 936 number capsules & "SPASMO PROXYVON ADVANCE" 6 box and out of which in 5 box containing 144-144 and in 1 box containing 96 capsules total 816 number of capsules total 1752 number capsules have been seized. The total weight of seized capsules is 1051.2 gram. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that, according to the applicant, he has not committed any offence. On the basis of the memorandum of a co-accused, the applicant was arrested from a medical shop named Krishna Medical Store, Kesinga (Odisha), where he was working. It is further submitted that the 3 owner of the said medical shop possesses a valid license to keep the aforementioned capsules. Learned counsel further contends that the applicant has no connection with the alleged crime, and the entire quantity of drugs/capsules, totaling 1,752 in number and weighing 1,051.2 grams, was seized from the medical shop and not from the possession of the applicant. He submits that the applicant has no previous criminal antecedents and has been in custody since 06.06.2025. Therefore, he prays that the applicant be enlarged on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that the contraband ‘SPASMO PROXYVON PLUS, capsules, i.e. 1,752 in number and weighing 1,051.2 grams were seized from 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. 6. Considering the overall facts and circumstances of the case, it is observed that the contraband article i.e. 'SPASMO PROXYVON PLUS' capsules, 1,752 in number and weighing 1,051.2 grams, was 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 4 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 - Purn Chandra Sahu, involved in Crime No. 101/2025 registered at Police Station Devendra Nagar, District - Raipur (C.G.), for the offence punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav