1 2025:CGHC:51742 NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 8368 of 2025 Prashant Vahne S/o Vijay Vahne, Aged About 33 Years R/o Village Vijay Nagar, Chhatva Talab, Near Dewangon Kirana Stores, Police Station Khamtarai, Distt. Raipur (C.G.) ... Applicant Versus State of Chhattisgarh Through Sho, Police Station Khamtarai, Distt. Raipur (C.G.) ... Respondent (Cause Title taken from Case Information System) For Applicant : Mr. Vaibhav A. Goverdhan, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 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. 314 of 2025 registered at Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.27 14:39:41 +0530 2 Station: Khamtarai, District: Raipur (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 the basis of information received informer, the police of Police Station: Khamtarai (C.G.) has allegedly recovered 37 bottles of Cerex Syrup, which was in possession of the applicant. Thereafter, the case has been registered against the applicant and he was arrested on 31.03.2025. 3. Learned counsel for the applicant submits that the applicant is falsely implicated in the offence. He further submits that no material evidence connecting him to the alleged crime. he was not in conscious possession of the contraband, and he has been in judicial custody since 31.03.2025, completing more than six months, while the challan has already been filed, therefore, no custodial interrogation is required. it is further submitted that, of the 37 bottles of syrup allegedly seized, only two were sent for fsl testing, which showed the presence of codeine and triprolidine, while no report is available for the remaining bottles, and thus the case does not fall under section 21(c) of the ndps act. the police have also failed to comply with sections 50, 52, and 55 of the ndps act, and the notice issued under section 179 of the bhartiya nagarik suraksha adhiniyam, 2023, was not properly followed as the applicant’s name was already disclosed to the witnesses. the applicant is a permanent resident of village vijay nagar, chhatva 3 talab, near dewangon kirana stores, police station khamtarai, district Raipur (c.g.), and there is no risk of absconding. he undertakes to abide by all directions and conditions imposed by this hon’ble court, therefore, it is prayed that the applicant may be released 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. 37 bottle of Cerex Syrup total 3700 ml, recovered 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. 6. Considering the facts and circumstances of the case and the nature and gravity of the offence, it is evident that on 31.03.2025, acting on specific information received from an informer, the police of Police Station Khamtarai conducted a raid and seized 37 bottles of WIN CEREX Syrup, each containing 100 ml, totaling 3.700 litres, from the shop belonging to the applicant. The said contraband contains Codeine and Triprolidine, which are notified psychotropic substances under the NDPS Act. Thus, the total quantity seized from the possession of the applicant/accused clearly falls under the category of commercial quantity. Further, the applicant has failed to offer any satisfactory explanation 4 regarding the said seizure. In view of the seriousness of the allegations against the applicant, this Court is of the considered opinion that the bail application filed by the applicant deserves to be rejected. 7. Accordingly, the bail application of the applicant - Prashant Vahne, involved in Crime No. 314 of 2025 registered at Police Station: Khamtarai, District: Raipur (C.G.), for the offence punishable under Section 21 (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 forthwith. - Sd Sd/-- Sd/- (Ramesh Sinha) Chief Justice Vaibhav