Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:53910
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8756 of 2025 Rahul Sahu @ Golu S/o Vijay Sahu Aged About 20 Years Resident Of Rasi Colony, Sai Mandir Road, Police Station Gandhinagar, District- Sarguja (C.G.)
... Applicant Versus State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Gandhinagar, District- Sarguja (C.G.)
... Non-Applicant For Applicant : Ms. Gunja Taram, Advocate For Non-Applicant : Mr. Amit Verma, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/11/2025
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 179/2024 registered at Police Station - Gandhinagar, District – Sarguja (C.G.) for the offence punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's story in brief is that, the police authorities of Police Station – Gandhi Nagar, District – Sarguja, received a secret information from an informant and on the basis of the said information, police conducted a raid and seized Talgesic Buprenorphine Injection IP 02 ml – 75 ampules (03 boxes), Avil Pheniramine Maleate Injection IP 10 ml – 100 vials (04 Boxes) from the possession of the applicant. Thereafter the aforesaid offences were
2 registered against the applicant
3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He would further submit 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. He submits that from the possession of the applicant intermediate quantity of above-stated drugs were seized, and therefore, it will not attract the rigors of the NDPS Act. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents and he is in jail since 30.02.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4.
On the other hand, learned State counsel opposes the bail application and submits that from the possession of applicant 100 vials (04 Boxes) of Avil Pheniramine Maleate Injection and 75 ampules (03 boxes) of Talgesic Buprenorphine Injection has been recovered, which is much above the commercial quantity, as such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that 100 vials (04 Boxes) of Avil Pheniramine Maleate Injection and 75 ampules (03 boxes) of Talgesic Buprenorphine Injection have been seized from the possession of the applicant, which was much above the commercial quantity. Further, considering the submission of counsel of parties, nature of allegations leveled against the applicant, I am not inclined to grant regular bail to the present applicants. 7. Accordingly, the second bail application of the applicant – Rahul Sahu @ Golu, involved in Crime No. 179/2024 registered at Police Station - Gandhinagar, District – Sarguja (C.G.) for the offence punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985,
3 is rejected at this stage. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY