1 2025:CGHC:4714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 722 of 2025 Shahbaj Khan S/o Changu Khan Aged About 23 Years R/o Village Pista, P.S. Bisanda, District Banda U.P. At Present Address Shitla Gogaon Me House Of Dinesh Shukla Gudhiyari, Raipur, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari Raipur, District Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. C.R. Sahu, Advocate. For Non-Applicant(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2025 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. 608/2024 registered at Police Station, Gudhiyari Raipur, District Raipur (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 22 (C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 27.09.2024, the police at Gudhiyari, Raipur, received information from an informant about Shahbaz Khan, who was renting a house near Shitala Talab, Gogawa, Gudhiyari, Raipur. The police seized 28 bottles of Codaine Phosphate and Tiprolidine HCL Syrup, Zufia Brand, and 2 bottles of Codaine Phosphate and Tiprolidine Hydrochloride Syrup, each containing 100-100 ml, totaling 30 bottles and 3 liters of syrup, from Shahbaz Khan's possession. A case was registered against him under Sections 22(C) and 29 of the 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 27.09.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that 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 before the competent Court. He would further submit that the quantity of contraband article i.e. 28 bottles of Codaine Phosphate and Tiprolidine HCL Syrup, Zufia Brand, and 2 bottles of Codaine Phosphate and Tiprolidine Hydrochloride Syrup, each containing 100-100 ml, totaling 30 bottles and 3 liters of syrup recovered from the possession of the applicant, which is 3 much above the commercial quantity, 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 article which has been seized from the possession of the applicant is much above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Shahbaj Khan, involved in Crime No. 608/2024 registered at Police Station, Gudhiyari Raipur, District Raipur (C.G.), for the offence punishable under Section 22 (C) & 29 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. OfÏce 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