1 2026:CGHC:14119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2738 of 2026 Khilawan Das Mahant S/o Anand Das Aged About 28 Years R/o Village Dokaramuda, P.S. Punjipathra, District Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Master Police Station Gharghoda, District Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Shivam Mishra, Advocate For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 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. 303/2025 registered at Police Station Gharghoda, District Raigarh (C.G.) for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on the basis of information received from an informer, Assistant Sub Inspector Khemraj Patel of Police Station Gharghoda, on 15.11.2025 at about 19:57 hours, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 at Gharghoda–Lalunga Road, in front of Police Station Gharghoda, District Raigarh (C.G.), intercepted the applicant/accused and, upon search conducted in the presence of witnesses, recovered 126 strips of SPAMO-PROXYVON PLUS capsules (8 capsules each), containing Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen, totaling 1008 capsules (50.4 grams), from a bag kept on Hero HF Deluxe motorcycle bearing registration No. CG 13/X 6524, which were allegedly being possessed for sale without any valid license or permit. After seizure, Crime No. 303/2025 was registered under Section 21 of the NDPS Act and the matter was taken up for investigation; the motorcycle was also seized, the accused was arrested, and the offence has been registered against the applicant. Hence, this bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the said contraband article was not seized from the possession of the present applicant. He also submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He further submits that the applicant has no previous criminal antecedents under the NDPS Act, the charge- sheet has been submitted before the competent Court, and he is in jail since 15.11.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- 3 sheet has been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that from the possession of the present applicant the contraband article i.e. 126 strips of SPAMO- PROXYVON PLUS capsules (8 capsules each), containing Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen, totaling 1008 capsules (50.4 grams) was seized, and the applicant has one criminal antecedent under the IPC, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the contraband article i.e. 126 strips of SPAMO-PROXYVON PLUS capsules (8 capsules each), containing Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen, totaling 1008 capsules (50.4 grams) was seized form the possession of the present applicant, is less than the commercial quantity and further the fact that the present applicant has no criminal antecedents under the NDPS Act, in the present bail application the charge-sheet has been filed before the competent Court and he is languishing in jail since 15.11.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Khilawan Das Mahant, involved in Crime No. 303/2025 registered at Police Station Gharghoda, District Raigarh 4 (C.G.) for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. 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