Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:48342
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7570 of 2025 Shahbaz Ali Qureshi S/o Sarwar Ali Qureshi Aged About 32 Years R/o Bhojpur Champa, Police Station Champa District Janjgir-Champa Chhattisgarh
... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Champa, District- Janjgir-Champa (C.G)
... Non-applicant For Applicant : Mr. Aishwarya Kumar Dubey, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.09.2025
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. 179/2025 registered at Police Station–Champa, District – Janjgir-Champa (C.G.), for the offence punishable under Section 21c and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution’s story, in brief, is that on 04.05.2025, on the basis of information received, the Sub-Inspector of Police Station Champa conducted a search of the house of the applicant/accused situated at Ward No. 08, Bhojpur, District Janjgir-Champa. During the said search, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.19 19:04:40 +0530
2 one mobile phone (Samsung, black colour, touch screen, with two Airtel SIMs) was allegedly seized, and from a room, a green-coloured Safari trolley bag containing a white sack with 130 bottles of ONEREX cough syrup (100 ml each) was also seized. On interrogation, the applicant allegedly stated that the said cough syrup had been purchased from Sandhya Medical Store, Kabir Chowk, Banaras, for Rs. 26,000/- without any bill. Thereafter, a case was registered against the present applicant for the offences punishable under Sections 21(c) and 29 of the NDPS Act in Crime No. 179/2025. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case, and the contraband article was not recovered from his possession. He further submits that the mandatory provisions relating to search and seizure were not complied with in this case. It is also submitted that the applicant has only one criminal antecedent under the IPC, in which he has already been acquitted. He further submits that the present applicant has been in jail since 08.09.2025, conclusion of the trial may take some time, therefore, he prays for enlarging the applicant on regular bail. 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. 130 bottles of ONEREX cough syrup (100 ml each) was recovered from the house of the applicant, which is 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 which has been seized from the house of the
3 applicant, which is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Shahbaz Ali Qureshi filed under Section 483 of the BNSS, involved in Crime No. 179/2025 registered at Police Station–Champa, District – Janjgir-Champa (C.G.), for the offence punishable under Section 21c and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 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 Abhishek