1 2026:CGHC:2814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 608 of 2026 Rahul Tandi @ Kaliya S/o Krishna Tandi Aged About 30 Years R/o Raja Khariar Chaliya Para P.S. Raja Khariyar District- Nuapada, Odisha ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kotwali District- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Aman Pandey, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.01.2026 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. 358/2025 registered at Police Station– Kotwali District- Rajnandgaon (C.G.), for the offence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 17.08.2025, the police authorities received credible information from an informer that a person was selling contraband substances near the Railway Station RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Auto Stand. Acting upon the said information, a raid was conducted during which 20 strips of Nitrosun, containing a total of 199 tablets, were seized from co-accused Neil Gidwani. During investigation, the memorandum statement of the present applicant was recorded and, pursuant thereto, 1,000 tablets of Nitrosun weighing about 550 grams and containing Nitrazepam were seized from his possession. Further, from another co-accused, namely Purnand Mehar, a total of 400 tablets were seized. Thereafter, the Police has registered the offence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant and other co-accused. 3. Learned counsel for the applicant submits that the applicant has no connection with the commission of the aforesaid crime and were falsely implicated in the crime in question. It is submitted that though the prosecution alleges recovery of commercial quantity of Nitrazepam, the mandatory provisions of the NDPS Act have not been complied with and the seizure allegedly made from the present applicant is not in accordance with law, therefore, the rigors of Section 37 of the NDPS Act are not attracted, particularly when the prescribed commercial quantity of Nitrazepam is 500 grams and the actual quantity is seriously disputed. It is further submitted that the investigating agency failed to follow the mandatory procedures relating to seizure, sampling, weighing, and storage of the contraband, in clear violation of the circulars issued by the Narcotics Control Bureau, including Circular No. 1/89, which has been held to be mandatory and binding by the Hon’ble Supreme 3 Court in Noor Aga v. State of Punjab (2008) 16 SCC 417. The contraband was allegedly weighed along with the bag, rendering the seizure doubtful and vitiating the investigation, and consequently the bar under Section 37 NDPS Act does not apply. It is further submitted that various High Courts, including the Hon’ble High Court of Madhya Pradesh, Delhi, and Telangana, have granted bail in similar circumstances. He also submits that the present applicant has no any criminal antecedents, charge-sheet has been submitted and he is in jail since 16.07.2025 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the said contraband article has been recovered from the possession of the present applicant, which is much above the commercial quantity, 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. Considering the facts and circumstances of the case and further the fact that 20 strips of Nitrosun, containing a total of 199 tablets, were seized from co-accused Neil Gidwani. During investigation, the memorandum statement of the present applicant was recorded and, pursuant thereto, 1,000 tablets of Nitrosun weighing about 550 grams and containing Nitrazepam were seized from his possession and further, from another co-accused, namely Purnand Mehar, a total of 400 tablets were seized, are much above the commercial 4 quantity and they have failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Rahul Tandi @ Kaliya, involved in Crime No. 358/2025 registered at Police Station– Kotwali District- Rajnandgaon (C.G.), for the offence punishable under Section 21(b) 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan