1 2026:CGHC:19957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3893 of 2026 Hakim Khan S/o. Hanif Khan Aged About 24 Years R/o. Indira Nagar, Kurud, Tehsil- Kurud, District- Dhamtari (C.G.) ...Applicant versus State Of Chhattisgarh Through- Police Station Utai, District- Durg (C.G.) ... Respondent For Applicant : Shri Shobhit Koshta, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2026 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.11/2026 registered at Police Station Utai, District- Durg, CG., for the offence punishable under Section 22 (b), 8 (c) of NDPS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.30 18:37:44 +0530 2 2. Case of the prosecution, in brief, is on 09.01.2026, acting on secret information, the police conducted a raid near Dhan Mandi, village Selud, and apprehended three accused persons on a motorcycle. Upon search, prohibited narcotic tablets were recovered from their possession, including 30.72 grams from co-accused Triloki Yadav and 232.96 grams from the joint possession of co-accused Cheman Vishwakarma and the present applicant Hakim Khan, totaling 263.68 grams. As the accused failed to produce any valid documents, an offence under Sections 22(b) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered, and the applicant was arrested on 10.01.2026 and remanded to judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, and no offence as alleged has been committed by him. It is contended that the learned trial Court has erred in treating the seized quantity as commercial by impermissibly clubbing separate recoveries. It is submitted that the alleged contraband was seized separately from co-accused persons under different seizure memos, and therefore, the quantities cannot be combined to attract commercial quantity. He would further submit that there is no proof of conscious possession of the applicant, and there has been non- compliance of mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 10/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 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 total quantity of contraband article i.e. 263.68 grams of prohibited narcotic tablets was seized from the possession of applicant & co-accused persons, which is much above the commercial quantity as notified under the NDPS Act. She would further submit that bail application of co-accused Mohammed Kaish has been rejected by this Court in MCRC No.3608/2026 on 21/04/2026, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it prima facie appears that total contraband article i.e. 263.68 grams of prohibited narcotic tablets was seized from the possession of applicant and co-accused persons, which is much above the commercial quantity as notified under the NDPS Act and further considering the fact that bail application of co- accused Mohammed Kaish has been rejected by this Court in MCRC No.3608/2026 on 21/04/2026, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant Hakim Khan involved in Crime No.11/2026 registered at Police Station Utai, District- Durg, CG., for the offence punishable under Section 22 (b), 8 (c) of NDPS Act, is rejected. 4 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/-- Sd/- (Ramesh Sinha) Chief Justice gouri