1 2026:CGHC:22897 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4504 of 2026 Bhavesh Khatwani S/o Jairam Khatwani Aged About 32 Years R/o Behind Cristal Arket, Rajiv Nagar, P.S. Khamhardih, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, P.S. Ganj, Raipur, Distt. Raipur, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 14/2026, registered at Police Station : Ganj, District- Raipur (C.G.) for the offence punishable under Sections 22(C) of NDPS Act. 2. The prosecution story in brief, is that on 16.01.2026, the police of Ganj Police Station received information from a reliable informant that three persons, aged about 23–25 years, were in possession of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 illegal narcotic/psychotropic tablets kept inside a plastic bag and had brought the same from Khariar Road, Odisha, for the purpose of selling them in Raipur city and were searching for customers near the Pump House situated on the road leading towards Memon Sarai Bhawan, Express Way Road. Acting upon the said information, the police of Ganj Police Station, after complying with the mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, conducted a raid at the aforesaid place and apprehended the applicant/accused Bhavesh Khatwani along with co-accused Praveen Baghel and Raj Das. During the raid, one white-coloured plastic bag was recovered from their joint possession, inside which a brown-coloured sweater was found containing contraband psychotropic tablets, namely Nitrazepam IP “Nitrosun-10”. Upon search, 300 strips were recovered, each strip containing 10 tablets, totaling 3000 tablets weighing 1.68 kilograms. The said contraband was seized in accordance with law, and thereafter an offence under Section 22(c) of the NDPS Act was registered against the accused persons. After completion of investigation, the charge-sheet was filed before the competent Court. As per Entry No. 221 of the Table appended to the notification issued by the Central Government, the small quantity of Nitrazepam is prescribed as 20 grams, whereas the commercial quantity is prescribed as 500 grams. In the present case, the total quantity of Nitrazepam tablets seized from the joint possession of the applicant/accused and co-accused persons is 1.68 kilograms, 3 which is much above the prescribed commercial quantity. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has no nexus whatsoever with the incident alleged by the prosecution and no incriminating material has been recovered from his exclusive possession. It is further submitted that the seizure witnesses have not supported the prosecution case regarding the alleged seizure and therefore, the alleged recovery itself becomes doubtful. Learned counsel further submits that the mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, particularly Section 42 thereof, have not been complied with in their true spirit and there is no clinching, reliable or dependable evidence regarding such compliance. It is also argued that the concerned police authorities conducted the investigation in a casual and improper manner and registered the FIR merely on the basis of suspicion without making any proper enquiry, thereby falsely implicating the applicant in the alleged offence. It is further submitted that the applicant has neither committed any offence nor was he involved in any illegal activity and has been wrongly arrested without lawful recovery of any contraband from his possession. It is further contended that the alleged banned medicine and other articles were not seized from the conscious possession of the applicant and the allegations levelled against him are false, fabricated and baseless. He further submits that the charge-sheet has already been filed and the applicant has no criminal antecedents, therefore, no further 4 custodial interrogation of the applicant is required and he is in judicial custody since 16.01.2026 and prolonged incarceration would seriously prejudice not only his health but also adversely affect the livelihood and well-being of his family members. Accordingly, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that a huge quantity of contraband Nitrazepam tablets, weighing 1.68 kilograms, has been recovered from the joint possession of the applicant along with co-accused persons, which is much above the prescribed commercial quantity under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. It is further submitted that considering the nature and gravity of the offence, no case for grant of bail is made out in favour of the applicant. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and the fact that the quantity of above-mentioned contraband article which has been recovered from the joint possession of the applicant along with co-accused, is much above the commercial quantity and further the case diary reveals that the involvement of the applicant in the present case, appears to be reasonable and it cannot be a case of false implication and the applicant has failed to give an explanation for the same. In such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justified to grant bail 5 to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused– Bhavesh Khatwani, involved in Crime No. 14/2026, registered at Police Station : Ganj, District- Raipur (C.G.) for the offence punishable under Sections 22(C) of NDPS Act, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal