1 2025:CGHC:45403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7068 of 2025 Bhushan Beck S/o Sushil Beck Aged About 30 Years R/o Mahuapara, Police Station Gandhinagar, District Surguja, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Sho, Police Station Gandhinagar, District Surguja, Chhattisgarh ( Wrongly Mentioned As District Raipur ) ... Non-Applicant For Applicant : Ms. Jigyasa Tiwari, Advocate Ms. Komal Yadav, Advocate For Non-Applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.09.2025 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. 740/2024 registered at Police Station – Gandhinagar, District Surguja, (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station Gandhinagar, District Surguja (C.G.), had received secret information from the informant and on the basis of the said RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 information conducted a raid and seized Talgesic Buprenorphine Injection IP 2 ml, in 8 trays containing 5 units each, totaling 40 units, and Avil Pheniramine Maleate Injection IP 10 ml, totaling 40 units, from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 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. She further submits that out of 10 prosecution witnesses, only 05 have been examined till 18.07.2025. She also submits that the applicant is hopeful that he will be acquitted of the allegations in this case, as the witnesses of the search and seizure have already been examined before the learned Trial Court as PW- 2 and PW-5, and both have not supported the prosecution’s case. She further submits that the present applicant has no any previous criminal antecedents and he is in jail since 13.12.2024 and conclusion of the trial may take some time, therefore, she 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 contraband article i.e. Talgesic Buprenorphine Injection IP 2 ml, in 8 trays containing 5 units each, totaling 40 units, and Avil Pheniramine Maleate Injection IP 10 ml, totaling 40 units, were recovered from the possession of the present applicant, which is 3 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 facts and circumstances of the case and further the fact that the contraband article i.e. Talgesic Buprenorphine Injection IP 2 ml, in 8 trays containing 5 units each, totaling 40 units, and Avil Pheniramine Maleate Injection IP 10 ml, totaling 40 units, which have been seized from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Bhushan Beck, involved in Crime No. 740/2024 registered at Police Station – Gandhinagar, District Surguja, (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan