1 2025:CGHC:58881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9892 of 2025 Shabaz Hussain Alias Sibbu S/o Aamin Iqbal Aged About 40 Years R/o - Rajiv Gandhi Chowk, Thana Civil Lines, District : Bilaspur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Lines, District : Bilaspur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Mateen Siddiqui, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/12/2025 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. 485/2025 registered at Police Station Civil Lines, District : Bilaspur (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic 2 Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 30.04.2025, acting on information received from an informer, the Police of Civil Lines, Bilaspur, intercepted a Tata Safari Storm bearing registration No. CG-10-AE-7361 near Maharana Pratap Chowk, on the road going under the over-bridge towards Rajiv Gandhi Chowk, Bilaspur. From a box kept between the seats of the vehicle, the police recovered 30 bottles of codeine-based Onrex cough syrup (100 ml each), totaling 3000 ml (3000 grams) from the possession of accused Shehbaz Hussain @ Sheebu. An FIR was registered against him under Section 21(C) of the NDPS Act, and he was arrested on the same day. After completing the investigation, the charge-sheet was filed before the Court. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 30.04.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case, so far as criminal antecedents of the applicant are concerned, applicant has five criminal antecedents, further 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 opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 30 bottles of codeine- 3 based Onrex cough syrup (100 ml each), totaling 3000 ml (3000 grams) recovered from the possession of the 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. 30 bottles of codeine-based Onrex cough syrup (100 ml each), totaling 3000 ml (3000 grams) recovered from the possession of the applicant is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication, particularly when the trial is in progress. 7. Accordingly, the bail application of the applicant - Shabaz Hussain Alias Sibbu, involved in Crime No. 485/2025 registered at Police Station Civil Lines, District : Bilaspur (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. - Sd/- (Ramesh Sinha) Chief Justice Akhil