1 2025:CGHC:50976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8086 of 2025 Dharmendra Prasad S/o Baijnath Prasad Aged About 43 Years R/o Village Sirsi, Police Station Chouki Basdei, P.S. Surajpur, District- Surajpur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Officer In- Charge, Excise Circle- Surajpur, District- Surajpur Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Meena Shastri, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 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. 62/2025 registered at Police Station Excise Circle- Surajpur, District- Surajpur (C.G.), for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 25.07.2025, during patrolling at Basdei Chowk, Excise Sub-Inspector, Excise Circle Surajpur, received information from an informer that Dharmendra Kushwaha, resident of Village Sirsi, was illegally storing narcotic drugs at his house. A panchnama regarding non-obtaining of search warrant was prepared. Thereafter, a raid was conducted by the Excise Sub-Inspector along with the team and witnesses Rahul Soni and Amit Gupta. During the search, 40 bottles of Onrex, 356 Spasmo Proxyvon capsules, and 720 Alprazolam tablets were recovered from the house of the accused. All proceedings were conducted at the spot in the presence of witnesses. A crime was registered as Crime No. 62/2025, under Section 22(c) of the NDPS Act, against Dharmendra Kushwaha. The seized contraband was produced before the Judicial Magistrate First Class, Surajpur, and proceedings under Section 52-A of the NDPS Act were carried out. On completion of investigation, a charge sheet under Section 22(c) NDPS Act was filed against the accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 25.07.2025. She further submits that the alleged seizure was not made from the possession of the applicant, and the entire search, seizure and investigation was conducted by the Sub-Inspector, Excise, who lacked authority under Section 53 of the NDPS Act, thereby vitiating the investigation prima facie. She also submits that 3 the premises from where the contraband is shown to be seized does not belong to the applicant, indicating a clear intention to falsely implicate him. The applicant has no previous criminal record and has been implicated in a criminal case for the first time, further charge-sheet has been filed and the conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 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. He further submits that the quantity of contraband article i.e. 40 bottles of Onrex, 356 Spasmo Proxyvon capsules, and 720 Alprazolam tablets were recovered from the house of the accused / 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. 40 bottles of Onrex, 356 Spasmo Proxyvon capsules, and 720 Alprazolam tablets were recovered from the house of the accused / applicant, the chemical examination confirmed the presence of Codeine, Tramadol, and Alprazolam in the seized substances and the said quantity is above the prescribed commercial quantity threshold, further counsel for the applicant has failed to give plausible explanation regarding the same and it cannot 4 be a case of false implication, particularly when the trial is in progress. 7. Accordingly, the bail application of the applicant - Dharmendra Prasad, involved in Crime No. 62/2025 registered at Police Station Excise Circle- Surajpur, District- Surajpur (C.G.), for the offence punishable under Section 22(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. 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