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2026 DAILYLAW 11890 (CHH)

SUBHAS DEVNATH @ NATA v. STATE OF CHHATTISGARH

MCRC/630/2026 · 2026-01-18

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Judgment text

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1 2026:CGHC:3025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 630 of 2026 Subhas Devnath @ Nata S/o Late. Haripad Aged About 53 Years R/o Ward No. 04 Near Bsnl Tower Kirandul, P.S. Kirandul, District Dantewada (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - The Police Station Kirandul District Dantewada (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Patel, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/01/2026 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. 21/2025 registered at Police Station Kirandul District Dantewada (C.G.), for the offence punishable 2 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the applicant/accused Subhash Devnath @ Nata was arrested in Crime No. 21/2025 registered at Police Station Kirandul, District Dantewada, for an offence under Section 21(c) of the NDPS Act. It is alleged that a commercial quantity of psychotropic substances, including Alprazolam tablets and Spasmo Proxyvom Plus capsules weighing about 55.94 grams was seized from his possession, comprising 1000 Alprazolam tablets and 144 Spasmo Proxyvom Plus capsules of different batches was seized from his possession. Considering the commercial quantity involved and the seriousness of the offence, the prosecution opposed the bail application, contending that the accused is prima facie involved and not entitled to the benefit of bail. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, the applicant is in jail since 22.04.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that 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 3 filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 1000 Alprazolam tablets and 144 Spasmo Proxyvom Plus capsules, total weighing 55.94 grams was recovered from the possession of the applicant, which is 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. 1000 Alprazolam tablets and 144 Spasmo Proxyvom Plus capsules, total weighing 55.94 grams recovered from the possession of the applicant is above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, further it cannot be a case of false implication, particularly when the trial is in progress. 7. Accordingly, the bail application of the applicant - Subhas Devnath @ Nata, involved in Crime No. 21/2025 registered at Police Station Kirandul District Dantewada (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. 4 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