1 2025:CGHC:48351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7538 of 2025 Bhupendra Sahu S/o Dev Kumar Sahu Aged About 19 Years R/o Village- Khaira, P.S. Masturi, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station- Masturi, District- Bilapur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ritesh Verma, Advocate. For Respondent(s) : 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 424/2025 registered at Police Station Masturi, District- Bilapur (C.G.), for the offence punishable under Section 21(C) r/w Section 29 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 on 29.06.2025 police received a tip-off that three men were selling narcotic cough syrup near Jhiria Temple in Bilaspur on a CD Deluxe motorcycle (CG-10- AT-3059). Acting on the information, a raid was conducted and accused Bhupendra Sahu and others were searched. From their joint possession a black bag was recovered containing 35 bottles of “Rx Codeine Phosphate ONEREX Cough Syrup” (100 ml each, total about 2,500 ml/2,500 g), a commercial quantity requiring a doctor’s prescription. The contraband was seized, samples were taken, and a panchnama prepared. As this amounts to an offence under Sections 21(C) and 29 of the NDPS Act, Crime No. 424/2025 was registered at Masturi Police Station, the accused were arrested, and the Special Public Prosecutor opposed bail citing the serious nature of the offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 29.06.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that 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 bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband article i.e. 35 bottles of “Rx Codeine Phosphate ONEREX Cough Syrup” (100 ml each, total about 2,500 3 ml/2,500 g) recovered from the possession of the applicant, which is much above the commercial quantity as notified under the NDPS Act 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 articles i.e. 35 bottles of “Rx Codeine Phosphate ONEREX Cough Syrup” (100 ml each, total about 2,500 ml/2,500 g) recovered from the possession of the applicant is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication, particularly when the trial is in progress. 7. Accordingly, the bail application of the applicant - Bhupendra Sahu, involved in Crime No. 424/2025 registered at Police Station Masturi, District- Bilapur (C.G.), for the offence punishable under Section 21(C) r/w Section 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. - Sd/- (Ramesh Sinha) Chief Justice Kunal