Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:52580
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8539 of 2025 Eman Koshle W/o Manoj Koshle, Aged About 36 Years R/o Minibasti Jarhabhata P.S Civil Line, District Bilaspur (C.G.) ... Applicant
versus State Of Chhattisgarh Through The Station House Officer, Police Station Civil Line District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Kaleshwar Prasad Yadav, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025
1. This is the 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.785 /2024 registered at Police Station – Civil Line District – Bilaspur (C.G.), for the offence punishable under Section 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act. 2. As per the prosecution story in brief, on 27.08.2024, acting on information received from an informer, the police of Police Station VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.30 12:08:28 +0530
2 Civil Line, Bilaspur conducted a raid at Mini Basti, Jarhabhatha, Bilaspur. During the search, the police allegedly recovered narcotic substances from the possession of the applicant/accused. From the spot and upon production by the accused, the following contraband items were seized: Buprenorphine injections – 46 ml (in total), Nitrazepam tablets – 130 tablets, and Alprazolam tablets – 525 tablets. The recovered quantity falls under the category of commercial quantity. Consequently, an offence under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against the applicant vide Crime No. 785/2024 at Police Station Civil Line, Bilaspur. During the course of investigation, the applicant was found involved in the alleged offence and was arrested on 27.08.2024. 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the instant case. It is submitted that the applicant has no previous criminal record of a similar nature, and no specific or clear allegation has been levelled against him. The charge-sheet has already been filed before the competent Court, and the investigation is complete. The applicant has been in judicial custody since 27.08.2024. It is further submitted that there is no likelihood of the applicant absconding, as he is a law-abiding citizen and a permanent resident of the address mentioned in the cause title.
Therefore, there is no possibility of his tampering with
3 the evidence or influencing the prosecution witnesses. The applicant is ready and willing to furnish adequate surety and undertakes to abide by all such conditions and directions as may be imposed by this Hon’ble Court, therefore, he prays that he be enlarged on regular bail. 4. Learned State Counsel opposes the bail application and submits that a commercial quantity of contraband, including Buprenorphine injections (46 ml), Nitrazepam tablets (130), and Alprazolam tablets (525), was recovered from the possession of the applicant. It is argued that the offence under Sections 21 and 22 of the NDPS Act is serious in nature, as the quantity seized is much above the commercial quantity, therefore, 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. Considering the overall facts and circumstances of the case, it is observed that a commercial quantity of contraband, including Buprenorphine injections (46 ml), Nitrazepam tablets (130), and Alprazolam tablets (525), was recovered from the possession of the applicant. The total quantity of the contraband so recovered is much above the threshold of commercial quantity as defined under the Narcotic Drugs and Psychotropic Substances Act,
1985. The applicant has failed to provide any satisfactory explanation regarding the possession of the said contraband and
4 it is also not a case of false implication. Therefore, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant - Eman Koshle, involved in Crime No.785/2024 registered at Police Station – Civil Line District – Bilaspur (C.G.), for the offence punishable under Section 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, is rejected. Sd/- (Ramesh Sinha )
Chief Justice
vaibhav