1 2026:CGHC:6611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1321 of 2026 Mohd. Shahid Raza @ Shahin S/o Maqbul Hussain, Aged About 32 Years R/o Manpur, Surajpur P.S. And Tahsil Surajpur, District Surajpur C.G. ... Applicant versus The State of Chhattisgarh Through S.H.O. Police Station, Surajpur, District Surajpur C.G. ... Non-applicant For Applicant : Mr. Ashok Kumar Shukla, Advocate For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2026 1. This is the First bail application 6led 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. 306/2025 registered at Police Station – Surajpur, District Surajpur (C.G.), for the o>ence punishable under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 23/06/2025, the Police Station, Surajpur allegedly received secret information through an informant that the applicant was engaged in selling illegal drugs on Bhatthapara Road near his house. Acting upon the said information, the police party reached the spot and allegedly apprehended the applicant. It is further alleged that 31 small bottles of Codeine Phosphate (Onerex) syrup, each containing 100 ml and valued at Rs.195 per bottle, amounting in total to Rs.6,045/-, were recovered from a blue plastic bag in the possession of the applicant. After completing the alleged seizure and other necessary formalities, the present o>ence was registered and a charge-sheet was 6led against the applicant, hence the present bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated by the police, and that he has neither committed nor participated in the alleged o>ence. It is further submitted that the investigating agency has failed to collect any cogent material evidence against the applicant and that there are material discrepancies in the investigation. He further contends that the mandatory procedure prescribed under the NDPS Act, 1985 with regard to search, seizure, weighing, preparation of panchnamas, and compliance of Section 50 has not been duly followed, and that the alleged contraband was not recovered from the exclusive conscious possession of the applicant. It is also submitted that the prosecution witnesses, including independent witnesses, have not supported the prosecution case and have turned hostile during trial, thereby substantially weakening the 3 prosecution case. Moreover, the alleged contraband being a medicinal preparation, only the actual narcotic content is required to be considered for determining the quantity. It is lastly submitted that the applicant has no any previous criminal antecedents and he is in jail since 23.06.2025, 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 quantity of contraband article i.e. 31 bottles of Codeine Phosphate (Onerex) syrup, a prohibited intoxicant drug were 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 the contraband article i.e. 31 bottles of Codeine Phosphate (Onerex) syrup, a prohibited intoxicant drug were recovered from the possession of the present applicant, is much above the commercial quantity and the applicant has 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 – Mohd. Shahid Raza @ Shahin, involved in Crime No. 306/2025 registered at 4 Police Station – Surajpur, District Surajpur (C.G.), for the o>ence punishable under Sections 21(c) and 29 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. OBce is directed to send a certi6ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan