1 2025:CGHC:769 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9121 of 2024 Aman Nishad S/o Surendra Nishad Aged About 20 Years R/o - Shiv Para Station Maroda Near Payal Grocery Store Police Station Newai District - Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, P.S.- Newai, District- Durg (Chhattisgarh) ... Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2025 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. 310/2024 registered at Police Station – Newai, District – Durg (C.G.), for the offence punishable under Sections 8 and 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per prosecution story, in brief, is that on 21.10.2024, police of Police Station Newai, District Durg, received an information and on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.07 15:35:41 +0530 2 the basis of the secret information conducted a raid and seized 188 strips of spac trancane plus capsules, total weight 872.32 grams, Rs. 200/- and a motorcycle from the possession of the present applicant, Accordingly the aforesaid offences were registered 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 i.e. 188 strips of spac trancane plus capsules, total weight 872.32 grams were not seized from the possession of the present applicant. He also submits that 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 21.10.2024 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 that contraband article i.e. 188 strips of spac trancane plus capsules, total weight 872.32 grams were recovered from the 3 possession of the 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 – Aman Nishad, involved in Crime No. 310/2024 registered at Police Station – Newai, District – Durg (C.G.), for the offence punishable under Sections 8 and 21(C) 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) ChiefJustice Abhishek