1 2025:CGHC:10291 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1706 of 2025 1. Manish Chandrakar S/o Late Muganlal Chandrakar (Correct Fathers Name Mentioned) Aged About 32 Years R/o 54/2143, Kukurbeda, Near Hanuman Mandir, Ammanaka, Ravi Shankar University Tahsil, P S - Ammanaka, District Raipur Chhattisgarh (Address Of The Applicant Correctly Mentioned) ... Applicant versus 1. State Of Chhattisgarh Through Police Station - Saraswati Nagar, District - Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Himanshu Kumar Sharma, Advocate For Non-applicant : Mr. Bharat Gulbani, Panel Lawyer SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.212/2024 registered at Police Station Saraswati Nagar, Raipur (CG) for the offence NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.04 16:16:22 +0530 2 under Sections 22 (C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that based on information received from the informer, on 31.8.2024 the police raided the residence of applicant situated at Kukurbeda, Raipur and seized total 864 numbers of Spasmo Proxyvon Plus narcotic capsules from his possession, which is more than the commercial quantity. On being asked, applicant could not produce any document for possession of said drurg, therefore, the police registered the offence and arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He submits that no case under the NDPS Act is made out against present applicant. As per FSL report, the recovered substance from the applicant was found to contain “Tramadol, Dicyclomine and Acetaminophen”, however, at the time of seizure, the police have not seen the quantity of ingredients mentioned overleaf of capsules. Mandatory provisions of the NDPS Act have not been complied with. There is no criminal antecedent of applicant. Charge sheet has been filed, trial of the case will take considerable time andapplicant is in jail since 31.8.2024. In the aforesaid pretext, it is prayed that applicant may be released on bail. 3 4. On the other hand, the learned State counsel opposed the bail application of present applicant. 5. Heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case including the fact that commercial quantity of psychotropic substance has been recovered from possession of applicant, it is not possible to form a prima facie view at this stage, that the applicant is not guilty of the offences or that he would not commit similar offences if released on bail. The twin conditions of Section 37 of the NDPS Act are not satisfied, therefore, in the opinion of this Court, bail cannot be granted to the applicant at this stage. Accordingly, the bail application is rejected. 7. Office is directed to sent the certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Nisha