1 2025:CGHC:1240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 67 of 2025 Gayatri Singh W/o Dinesh Singh Aged About 30 Years R/o- Khalpara, Police Station- Srinagar, Surajpur, H.M./ Post- Puran Colony, Subhash Nagar, Gandhinagar, District- Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through SHO, PS - Gandhinagar, District - Surguja (C.G.) ... Non-applicant For Applicant : Mr. Gopal Swaroop Gupta, Advocate For Non-applicant/State : Ms. Supriya Upasane, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2025 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. 471/2024 registered at Police Station– Gandhinagar, District - Surguja (C.G.), for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that during patrolling, the police authorities, acting merely on suspicion, searched the applicant and AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.09 16:57:57 +0530 2 allegedly found 438 strips of Spasmo Proxyvon Plus Capsules, each strip containing 24 capsules (totaling 10,512 capsules), along with 8 paper boxes containing 25 pieces each of Talgesic Buprenorphine Injection IP 2 ml (totaling 200 pieces), and 8 brown carton boxes containing 25 pieces each of Avil Pheniramine Maleate Injection IP 10 ml vials (totaling 200 pieces). Thereafter, an FIR was lodged for an offence under Section 22(c) of the NDPS Act, 1985, and the applicant was arrested. The applicant filed a bail application before the Learned Special Judge (NDPS Act), Surguja, Ambikapur (C.G.), which was rejected by order dated 22.11.2024. Hence, the present bail application. 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 recovered from the possession of the present applicant. He further submits that the mandatory provision of Section 42 of the NDPS Act has not been complied with by the police ofÏcials while making the seizure of the alleged contraband article from the applicant and the search was conducted merely on suspicion, and, in fact, the bag did not belong to the applicant. He also submits that the present applicant is lady aged about 30 years, she is in jail since 08.08.2024 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 quantity of contraband article i.e. 438 strips of Spasmo Proxyvon Plus 3 Capsules, each strip containing 24 capsules (totaling 10,512 capsules), along with 8 paper boxes containing 25 pieces each of Talgesic Buprenorphine Injection IP 2 ml (totaling 200 pieces), and 8 brown carton boxes containing 25 pieces each of Avil Pheniramine Maleate Injection IP 10 ml vials (totaling 200 pieces) from the possession of the present applicant, which is much above the commercial quantity. She also submits the bail application of one of the co-accused persons, namely, Mohammad Farid, in MCRC No. 8337/2024 vide order dated 20.12.2025, has already been rejected by this Court, as such, the applicant is also 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 i.e. 438 strips of Spasmo Proxyvon Plus Capsules, each strip containing 24 capsules (totaling 10,512 capsules), along with 8 paper boxes containing 25 pieces each of Talgesic Buprenorphine Injection IP 2 ml (totaling 200 pieces), and 8 brown carton boxes containing 25 pieces each of Avil Pheniramine Maleate Injection IP 10 ml vials (totaling 200 pieces) from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication and bail application of one of the co-accused persons, namely, Mohammad Farid, in MCRC No. 8337/2024 vide order dated 20.12.2025, has already been rejected regular bail by this 4 Court. 7. Accordingly, the bail application of the applicant – Gayatri Singh, involved in Crime No. 471/2024 registered at Police Station– Gandhinagar, District - Surguja (C.G.), for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. After passing of the order, learned counsel for the applicant submits that the trial may be expedited. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail expeditiously. 10. 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) Chief Justice Akhil