1 2025:CGHC:432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8600 of 2024 Gaurav Pandey S/o Late Vinod Pandey Aged About 25 Years R/o Near Gandhinagar Market, Police Station Gandhinagar, District Sarguja Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Gandhi Nagar, District Surguja Chhattisgarh. ... Non-applicant For Applicant : Mr. Syed Mohammad Sohail Afzal, Advocate For Non-applicant/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.01.2025 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. 26/2024 registered at Police Station – Gandhi Nagar, District – Surguja (C.G.), for the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Gandhi Nagar, District – Surguja (C.G.), had received secret 2 information from the informant and on the basis of the said information conducted a raid and seized Talgesic Buprenorphine Injection IP 02 ml – 75 ampules (03 boxes), Avil Pheniramine Maleate Injection IP 10 ml – 100 vials (04 boxes) from the present applicant and the same was also recovered from the other co- accused persons. Thereafter, the Police has registered the offence punishable under Section 22 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 seized from the possession of the present applicant. He further submits that the prosecution has not complied the mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. He further submits that the present applicant is in jail since 30.03.2024 and conclusion of the trial may take some time, therefore, he 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 alleged contraband article which is recovered from the possession of the present applicant is much above the commercial quantity, therefore, he is not entitled for grant of regular 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 the fact 3 that contraband article i.e. Talgesic Buprenorphine Injection IP 02 ml – 75 ampules (03 boxes), Avil Pheniramine Maleate Injection IP 10 ml – 100 vials (04 boxes) and the same was also recovered from the other co-accused persons, which are 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 – Gaurav Pandey, involved in Crime No. 26/2024 registered at Police Station – Gandhi Nagar, District – Surguja (C.G.), for the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. 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