1 2025:CGHC:7736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1245 of 2025 Gautam Soni @ Tarun S/o Shri Manik Ram Soni Aged About 35 Years R/o Near Gurudwara, Kukurbeda, Raipur, Tahsil And District Raipur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Amanaka, Raipur, District Raipur Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Umesh Pandey, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/02/2025 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. 262/2024 registered at Police Station Amanaka, Raipur, District Raipur (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 22.06.2024, the Police of Police Station Amanaka, Raipur, District Raipur (C.G.) seized Dicyclomine HCL Tramadol HCL & Acitaminophen Capsule Spasmo Proxywin Plus (total 2736 numbers and weight 1696.32 Kgs) from the possession of applicant and other co-accused, thereafter, the offence has been registered against them. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 26.06.2024. 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 two of the seizure witnesses turned hostile and 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. Dicyclomine HCL Tramadol HCL & Acitaminophen Capsule Spasmo Proxywin Plus (total 2736 numbers and weight 1696.32 Kgs) recovered from the possession of the applicant is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3 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-Gautam Soni @ Tarun, involved in Crime No. 262/2024 registered at Police Station Amanaka, Raipur, District Raipur (C.G.), for the offence punishable under Section 22(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. 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