1 2025:CGHC:8376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1384 of 2025 Rajesh Singh Bhumihar S/o Late Rajveer Singh Aged About 37 Years R/o Village Behind Baikunthdham Mandeer, Camp- 2, Bhilai, Police Station- Chhavni, District-Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Chowki- Bundeli, Police Station- Cantonment (Chhavni), District-Durg (C.G.) .... Non-applicant For Applicant : Mr. Pawan Kesharwani, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 411/2024 registered at Police Station Chhavni, District - Durg (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, as per secret information received by the informant through mobile phone that one Mo. Arman KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Naiel is having Narcotic Capsule in his activa vehicle bearing No. CG-07-AB-6263, thereafter, the police ofÏcials reached the spot and caught red handed to the co-accused and found Proxy OHM Spa Capsule (Tramadol) 30 strips total 720 piece capsule, wait 574.200 gram and arrested the co-accused by the police and recorded his memorandum statement in which he has stated that he has purchased the same from the present applicant, after taking memorandum statement from the co-accused the police has arrested the present applicant and on being search recovered Proxy OHM spa Capsule 372 piece from the right pant pocket of the present applicant and arrested him and registered a crime against both the accused persons for offence under Section 21 (C) of NDPS Act. 3. Learned counsel for the applicant would submit that the present applicant has been falsely implicated in this case. He further submits that the applicant was arrested only on the basis of the memorandum statement of the Co-accused (Mo. Arman Raien), the present applicant is running a sweet shop near baikunthdham Mandeer and he has been falsely been implicated in the present crime. He further submits that the learned trial Court failed to appreciate the facts that sampling was done by taking a small content and mixing the contents of all the packets found inside the pant pocket, the said procedure is violative of settled law and entitles the applicant to bail. The procedure required to be followed was that the samples must have been drawn from each of the packets recovered to ascertain the exact nature of the alleged 3 contraband in these seized strips. It is also submitted that no field testing kit was used by the Investigating OfÏcer at the spot to confirm that the seized contained is comes under the NDPS Act. In the present case as per the prosecution 352 Capsules has been seized from the present applicant and only 24 (1Strips) had been sent for FSL report, therefore, the process adopted by the prosecution creates suspicion. In such a situation, as per settled law, the benefit thereof should go in favor of the accused. The quantity does not matter. Proper procedure has to be followed, without that the results would be negative. He further submits that the present applicant has been made accused only on the basis of the memorandum statement of the co-accused who has so many criminal records and only on the basis of memorandum applicant cannot be convicted in the present case, therefore, applicant deserves to be enlarge on 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 further submits that the quantity of contraband article which has been recovered from the present applicant, is much 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 and perused the case diary. 6. From perusal of the case diary, it transpires that the contraband article which has been seized from the possession of the applicant 4 is much above the commercial quantity and it cannot be a case of false implication and he has failed to explain the same, hence, this Court does not find a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Rajesh Singh Bhumihar filed under Section 483 of the B.N.S.S., involved in Crime No. 411/2024 registered at Police Station Chhavni, District - Durg (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 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 Kunal