1 2025:CGHC:51882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8399 of 2025 • Ved Prakash Tiwari Son Of Ravishankar Tiwari Aged About 21 Years Resident Of Azad Chowk, Behind Masjid Gandhi Nagar, Bhilai Police Station, Bhilai-3 District- Durg (C.G.) ...Applicant versus • State Of Chhattisgarh Through- The Police Station Chhawni, District- Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hari Agrawal, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/10/2025 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.56/2025 registered at Police Station, Chhawni, District Durg (C.G.), for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 01.02.2025, the Police Chhawni, District Durg (C.G.) has received secret information from VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.17 16:08:11 +0530 2 the informant and on the basis of such information that the applicant along with co-acused persons had parked his Pulsar Motorcycle bearing registration No.C.G.-07-CK-1278 near Baikunthdha, Podium and was selling narcotic tablets by keeping it in a white carry bag kept with them. On the basis of said secret information, the police party raided the spot, searched the applicant and seized 4 boxes in which 8-8 strips of ALPRAZOLAM narcotic tablet, total 1200 numbers in wrappers have been seized from the applicant. Thereafter, the applicant was arrested for the offence under Section 219(c) of NDPS Act. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 01.02.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case. He further submits that the quantity of contraband article i.e. 8-8 strips of Alprozaolam tablets, from the possession of the applicant, which is above the commercial quantity 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. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of the case diary, it transpires that the article which has been seized from the 3 possession of the applicant is above the commercial quantity and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Ved Prakash Tiwari, filed under Section 439 of the Cr.P.C., involved in Crime No. 56/2025 registered at Police Station, Chhawni, District Durg (C.G.), for the offence punishable under Section 21(c) 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. - Sd/- (Ramesh Sinha) Chief Justice vaishali