1 2026:CGHC:21028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3142 of 2026 Suraj Yadav S/o Gopal Yadav Aged About 35 Years R/o Darripara P.S. Mainpur Dist- Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through-Excise Flying Squad Ambikapur District- Surguja (C.G.) ... Non-applicant For Applicant : Ms. Sonia Kuldeep, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.05.2026 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. 128/2025 registered at Police Station – Excise Flying Squad Ambikapur, District – Surguja (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, 99 units of Rexogesic (Buprenorphine) injections (198 ml) and 79 units of Avil (Pheniramine) injections (790 ml) were allegedly seized from the applicant. The police of the Excise Flying Squad, Ambikapur, District Surguja, arrested him, and after completing ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.06 18:43:56 +0530 2 the usual investigation, the concerned police filed a charge sheet before the Special Judge, NDPS, Ambikapur, District Surguja (C.G.). 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article were not seized from the possession of the present applicant. She also submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. She submits that the applicant is suffering from a life- threatening condition (HIV/AIDS) and is registered at the ART Centre, Ambikapur. The applicant’s health is deteriorating daily in the prison environment, which lacks specialized and continuous care. She further submits that the present applicant has no criminal antecedents and he is in jail since 30.09.2025 and conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the alleged contraband article recovered from the possession of the present applicant is much above the commercial quantity. Therefore, the present applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. In compliance of this Court’s order dated 08.04.2026, the concerned Jail Superintendent respectfully submitted that the applicant, presently incarcerated in Central Jail, Ambikapur since 03.09.2025, has been HIV- positive since 05.12.2023, prior to his incarceration, as evidenced by his patient booklet issued by the ART Centre, Government Medical College Hospital, Ambikapur, he is duly registered as a PLHIV and is currently 3 receiving ART medication, namely Tab TLD (Tenofovir 300 mg + Lamivudine 300 mg + Dolutegravir 50 mg), which is regularly provided by jail authorities through the ART Centre, where necessary medicines and testing facilities are available, and in case of any further medical necessity, he may also be referred to the Government Medical College- cum-Hospital, Ambikapur for proper treatment and investigation. 7. Considering the facts and circumstances of the case, and the fact that from the possession of the applicant 99 units of Rexogesic (Buprenorphine) injections (198 ml) and 79 units of Avil (Pheniramine) injections (790 ml), which is above the prescribed commercial quantity. The applicant has failed to furnish any satisfactory explanation regarding the recovery. At this stage, it cannot be said to be a case of false implication. 8. Accordingly, the bail application of the applicant – Suraj Yadav, involved in Crime No. 128/2025 registered at Police Station – Excise Flying Squad Ambikapur, District – Surguja (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of four months on day to day basis from the receipt of receipt of this order in accordance with law, if there is no legal impediment. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) ChiefJustice Abhishek