1 2026:CGHC:7641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 780 of 2026 Kalim Ansari @ Javed S/o Uamr Ali Ansari Aged About 31 Years R/o Kantiprakashpur, P.S. Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station Excise Department Divisional Flying Squad Division Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Sudhir Kumar Sahu, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.02.2026 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. 90/2025 registered at Police Station- Excise Department, Divisional Flying Squad, Division- Ambikapur, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 District - Surguja (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that on 07.08.2025, acting on credible information, the concerned authorities apprehended the accused and recovered 4,416 pieces of Spasmo Proxyvon Plus capsules kept in a sack from his possession. Upon seizure and preliminary examination, the total weight of the contraband tablets was found to be 2693.67 grams. As such, the applicant was arrested on 07.08.2025, hence this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 07.08.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and there is no independent witness to the alleged seizure, the entire case rests upon the version of the police officials, which creates serious doubt regarding the genuineness of the recovery. He also submits that though the charge-sheet has already been filed, 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 filed in the present case before the competent Court. She further submits that as per the notification issued by the Central Government, particularly Table No. 238 ZH, any quantity of 3 Tramadol exceeding 250 grams is categorized as a commercial quantity. Since the seized psychotropic substance in the present case is 2693.67 grams that is far above the prescribed commercial quantity, the bail application of the applicant is liable to be rejected on this ground alone. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the nature and gravity of the allegation, the recovery of the psychotropic substance from the possession of the present applicant i.e. 2693.67 grams, which is much above the commercial quantity as the commercial quantity of Tramadol as per the notification issued by the Central Government, particularly Table No. 238 ZH is 250 grams, and the bar contained under the NDPS Act, this Court is not inclined to grant the benefit of regular bail to the applicant. 7. Accordingly, the bail application of the applicant – Kalim Ansari @ Javed, involved in Crime No. 90/2025 registered at Police Station- Excise Department, Divisional Flying Squad, Division- Ambikapur, District - Surguja (C.G.), for the offence punishable under Section 22(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