1 2025:CGHC:49163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7554 of 2025 Dinesh Thakur S/o Shri Dudhnath Thakur Aged About 48 Years R/o Gujarwar, P.S.- Lundra, District - Surguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Exice, District - Surguja (C.G.) ... Non-applicant(s) For Applicant : Mr. Bhupendra Singh, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/09/2025 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. 87/2025 registered at Police Station Excise Department of D and S, District - Surguja (C.G.), for the offence punishable under Section 21(B) and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that as per secret information received from the informant and on the basis of such information, the police conducted raid and have seized 570 capsuls of Alpha 0.5 Alprazolam Tablet, 6 bottles of Codectuss Cough Syrup, 7 pieces of 2 ml Rexogesic Buprenorphine injection and 2 pieces of 10 ml Pheniramine injection from the illegal possession of applicant. Therefore, the aforementioned offence was registered against the applicant. 3. Learned counsel for the applicant submit that the applicant has been falsely implicated in this case. He further submits that the seized contraband consists of Alprazolam (0.285g), Codeine (1.2g approx.), and Buprenorphine (0.0042g)- all below the notified commercial quantity under NDPS Acts. He further submits that there is no any ingredient of alleged offence is there against the applicant. There is no exclusive possession and further the procedure of arrest is not followed properly by the police and that is the violation of Section 43 to 56 of BNSS and he is in jail since 02.08.2025, in the present case, charge-sheet has filed before the competent Court and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposed the prayer for grant of bail and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband article which is said to have been recovered from the possession of the applicant, is above the 3 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. From perusal of the case diary, it transpires that the contraband article which is said to have been recovered from the possession of the applicant, is above the commercial quantity and it cannot be a case of false implication and the applicant has failed to provide a plausible explanation with respect to the same, hence, this Court does not find a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Dinesh Thakur, filed under Section 483 of the B.N.S.S., involved in Crime No. 87/2025 registered at Police Station Excise Department of D and S, District - Surguja (C.G.), for the offence punishable under Section 21(B) and 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. - Sd/- (Ramesh Sinha) Chief Justice Kunal