1 2025:CGHC:48356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7594 of 2025 Manish Kumar Chaubey @ Manda S/o Shri Sachidanand Chaubey Aged About 32 Years R/o Sakalo, P.S.- Gandhinagar, Distt.- Surguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Gandhinagar, District- Surguja (C.G.) ... Non-applicant(s) For Applicant : Mr. Bhupendra Singh, 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. 91/2025 registered at Police Station Gandhinagar, District - Surguja (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on the basis of a secret information received from an informant, the police officials KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 conducted a raid and seized 100 pieces of 2 ml Rexogesic Buprenorphine injections (total quantity – 200 ml) and 100 pieces of 10 ml Avil Pheniramine injections (total quantity – 1000 ml) from the illegal possession of the applicant. Thereafter, the aforesaid offence was registered against him. 3. Learned counsel for the applicant submit that the applicant has been falsely implicated in this case. He further submits that Avil (Pheniramine) is not a narcotic drug/psychotropic substance under the NDPS act. It is a schedule H drug under Drugs & Cosmetics. Hence, its seizure cannot attract NDPS provisions. He further submits that the recovery shown by police is highly doubtful and planted, as no independent witness were examined at the time of recovery, which is mandatory and further there is no any ingredient of alleged offence is there against the applicant. The procedure of arrest is not followed properly by the police and that is the violation of Section 43 to 56 of NDPS Act and he is in jail since 13.08.2025, in the present case, charge-sheet has filed before the competent Court and the applicant has no criminal antecedent 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 opposes the prayer for grant of bail and submits that the quantity of contraband article which has been recovered from the possession of the applicant, is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3 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 article which has been seized from the possession of the applicant, is much above the commercial quantity and the applicant has failed to give an explanation regarding the same and it cannot be a case of false implication, hence, this Court does not find a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Manish Kumar Chaubey @ Manda filed under Section 483 of the B.N.S.S., involved in Crime No. 91/2025 registered at Police Station Gandhinagar, District - Surguja (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial 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