1 2025:CGHC:54354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8871 of 2025 Arun Singh Chauhan S/o Late Kripal Singh Chauhan Aged About 36 Years R/o Bhagwanpurkhurd P.S. Gandhinagar District- Sarguja (C.G.) (Name And Details As Per Mentioned In Order Sheet) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Excise Department, Departmental Flying Squad, Ambikapur District- Sarguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ashutosh Biswas, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/11/2025 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. 17/2025 registered at Police Station Excise Department, Departmental Flying Squad, Ambikapur District- Sarguja (C.G.), for the offence punishable under Section AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Excise Flying Squad, Ambikapur, during its operation, allegedly recovered 1136 Tramadol-containing capsules from the possession of the applicant/accused, which were being kept illegally. On the basis of the said seizure, Crime No. 17/2025 was registered against the applicant for the offence punishable under Section 22(C) of the NDPS Act, and he was arrested on 18.04.2025. After completion of investigation, the final report has been submitted showing the applicant’s prima facie involvement in the commission of the alleged offence. As per the Central Government Notification (Entry No. 238ZH), Tramadol exceeding 250 grams falls within the category of commercial quantity, and the seized substance in this case is stated to be of commercial quantity. 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 18.04.2025. 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. 3 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. She further submits that the quantity of contraband article i.e. 1136 Tramadol capsules 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. 1136 Tramadol capsules 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 - Arun Singh Chauhan, involved in Crime No. 17/2025 registered at Police Station Excise Department, Departmental Flying Squad, Ambikapur District- Sarguja (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 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 Akhil