1 2026:CGHC:956 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 29 of 2026 Sunil Sahu S/o Rameshwar Sahu Aged About 38 Years R/o Village- Nevra, Thana Kota, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House O2cer, P.S. Kota District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. J.K. Gupta, Advocate For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2026 1. This is the First bail application 9led 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. 896/2025 registered at Police Station– Kota District- Bilaspur (C.G.), for the o=ence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Kota District- Bilaspur, (C.G.), had received secret information from the informant and on the basis of the said information RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 conducted a raid and seized contraband article i.e. 39 bottles of manufactured Drugs/Onrex Cough Syrup containing 100 milligrams(ml) of Syrup from the possession of the present applicant and also seized 30 bottles of Syrup from the co- accused Dharamdas @ Dharamraj. Thereafter, the Police has registered the o=ence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 3. Learned counsel for the applicant submits that no contraband was ever seized from the possession of the present applicant and he has been maliciously and falsely implicated in the crime in question. It is submitted that the prosecution has failed to establish the essential ingredients of the o=ences under the NDPS Act, and the case of the prosecution is vitiated due to non-compliance with mandatory statutory provisions. It is further submitted that the CCTV footage and call recordings of police personnel clearly demonstrate the false implication of the applicant. The alleged seizures are highly improbable and self-contradictory, as reEected from the charge-sheet itself, and the panchnama does not mention the use of certi9ed weights or measurement certi9cates. Moreover, there is no explanation regarding the quantity of the seized contraband, particularly when part of the alleged seizure was used for sni2ng, burning, and sampling for FSL, which renders the recovery doubtful. It is contended that the learned Court below has impermissibly stretched its imagination while rejecting the bail application, ignoring serious discrepancies in timing, seizure, and procedural compliance. Considering that the applicant has been 3 falsely implicated, that no recovery has been e=ected from him. He also submits that the present applicant has no any criminal antecedents and he is in jail since 14.09.2025 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. 39 bottles of manufactured Drugs/Onrex Cough Syrup containing 100 milligrams(ml) of Syrup from the possession of the present applicant and also seized 30 bottles of Syrup from the co- accused Dharamdas @ Dharamraj, 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. 39 bottles of manufactured Drugs/Onrex Cough Syrup containing 100 milligrams(ml) of Syrup from the possession of the present applicant and also seized 30 bottles of Syrup from the co- accused Dharamdas @ Dharamraj, 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 – Sunil Sahu, involved in Crime No. 896/2025 registered at Police Station– Kota 4 District- Bilaspur (C.G.), for the o=ence 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. 9. O2ce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan