1 2025:CGHC:3127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7390 of 2024 Subham Soni S/o Jaiswal Soni Aged About 27 Years R/o Durgapara, Santoshi Nagar, Police Station- Tikrapara, District- Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station- Tikrapara, District- Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sanjay Kumar Agrawal, Advocate. For Non-Applicant : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 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. 735/2024 registered at Police Station – Tikrapara, District – Raipur (C.G.), for the offence punishable under Sections 21, 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 25 of Arms Act. 2. Case of the prosecution, in brief, is that the Police of Police Station – Tikrapara, District – Raipur (C.G.), had received secret RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.21 11:42:00 +0530 2 information from the informant and on the basis of the said information conducted a raid and seized total Psychoactive and Narcotic Drugs 04 Packet Charas (Total weight 31.55 gm) and 98 M.D.M.A. Tablet (Total wieght 45.08 gm) and 01 Pistol with blank magazine, 01 electronic weighing machine, 100 pieces blank capsules and 100 pieces of plastic cover capsules and 01 lakh rupees along with 02 smart phone (total cost amounting Rs. 5,20,000/-) from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Sections 21, 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 25 of Arms Act against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the physical possession of the present applicant and the said place is an open public place and in which so many persons are also traveling at that time and the applicant is waiting Auto Rikshaw for attaining the coaching class for teaching the students. He also submits that the calculation of quantity of Charas is rightly calculated by the prosecution, but the calculation of quantity of MDMA Tablet has been wrongly calculated by the prosecution again and again, as per mathematical calculation, it is clear that 1000 milligram is equal to 1 gram and the total quantity of contraband articles i.e. MDMA Tablet is 0.04508 grams seized from the applicant, which is less than 0.5 grams, therefore, the contraband articles MDMA Tablets is small quantity, 3 further the applicant is in jail since 23.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of Psychoactive and Narcotic Drugs i.e. 04 Packet Charas (Total weight 31.55 gm) and 98 M.D.M.A. Tablet (Total wieght 45.08 gm) and 01 Pistol with blank magazine, 01 electronic weighing machine, 100 pieces blank capsules and 100 pieces of plastic cover capsules and 01 lakh rupees along with 02 smart phone (total cost amounting Rs. 5,20,000/-), were recovered from the possession of the present applicant, and the applicant has failed to give any explanation for the same, 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. In compliance of the Court’s order dated 19.12.2024, the Superintendent of Police, Raipur has filed his personal afÏdavit as quoted below:- “1. That, I am posted as the Superintendent of Police, District Raipur (C.G.) and duly authorized to swear this afÏdavit on behalf of the Non-Applicant/State in compliance of the Hon'ble Court's order/direction dated 19.12.2024, passed in the instant case and as such fully conversant with the facts of the case. 2. That, in the meantime, the subject case came up for hearing before the Hon'ble Court on 19.12.2024 and after hearing of this matter, the Hon'ble Court was 4 pleased to direct the concerned Superintendent of Police, Raipur to file his personal afÏdavit in the present case, specifically stating that the contraband article which is said to have been recovered from the possession of the present applicant, namely, Subham Soni, as it is stated that in fact the contraband article is less then the commercial quantity but the police in the FIR by wrong calculation has been shown it to be above commercial quantity, therefore, in compliance whereof, the instant afÏdavit is being filed before the Hon'ble Court for its kind perusal and consideration. 3. That, in compliance of the Hon'ble Court's order dated 19.12.2024, the non-applicant State is hereby filing the copy of the notification specifying small quantity and commercial quantity of the Psychotropic substance wherein it has categorically been mentioned that the small quantity (in gram) of Charas/Hashish is 100 gram and the commercial quantity (in grams) of Charas/Hashish is 1 Kg and similarly the small quantity of the NDMA, Ecstacy is 0.5 gram and the commercial quantity is 10 grams, copy whereof is being annexed herewith as ANNEXURE NA/1 for kind perusal of this Hon'ble Court. However, it is humbly submitted that the quantity of the Charas recovered from the accused/applicant is 31.88 grams which is less than small quantity and the quantity of the MDMA Tablets recovered from the accused/applicant is 44.41 grams which is more than commercial quantity. 4. That, the Deponent has highest regards to the orders and directions passed by the Hon'ble Court from time to time and as and when, any further direction be made by the Hon'ble Court, the same will be complied with in its true sense. 5. That, the contents of the attached AfÏdavit at Paragraphs No. 01 to 04, have been drafted under my 5 instruction and the contents thereof are true and correct on the basis of the records, available in the ofÏce.” 7. Considering the facts and circumstances of the case and also considering the afÏdavit filed by the Superintendent of Police, Raipur in compliance of the Court’s order dated 19.12.2024, he stated that the quantity of contraband article i.e. Charas – 31.88 grams and MDMA Tablets – 44.41 grams which have been seized from the possession of the present applicant is much above the commercial quantity though the same has been disputed by the learned counsel for the applicant, who states that it is less than commercial quantity and on a pointed query being made to the learned counsel for the applicant regarding the explanation with regard to the recovery of contraband article, which according to him is less than commercial quantity, he has failed to explain the same, further it cannot be a case of false implication. 8. Accordingly, the bail application of the applicant – Subham Soni, involved in Crime No. 735/2024 registered at Police Station – Tikrapara, District – Raipur (C.G.), for the offence punishable under Sections 21, 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 25 of Arms Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 6 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan