1 2026:CGHC:25187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5386 of 2026 Priyanshu Sahu @ Chaddi S/o- Late Jai Prakash Sahu, Aged About 20 Years R/o- Damarpara, P.S.- Baikunthpur, District- Koriya (C.G.) (As Per Framed Charge- Page No.36) ... Applicant versus State of Chhattisgarh Through Police Station- Baikunthpur, District- Koriya (C.G.) ... Non-applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.06.2026 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. 321/2025 registered at Police Station – Baikunthpur, District – Koriya (C.G.), for the offence punishable under Sections 22(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, on 21.09.2025 at about 8:05 A.M., on the basis of information received from an informer, the police of Police Station Baikunthpur, District Koriya (C.G.), conducted a search of the applicant near Damarpara Chhinddand. During the search, it is alleged ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.19 18:39:40 +0530 2 that the applicant took out a green-coloured bag from the linter of an under-construction house belonging to Geeta Lakra. Upon search of the said bag, the police allegedly recovered 14 Buprenorphine injections of 2 ml each, totaling 28 ml, and 14 Avil injections of 10 ml each, totaling 140 ml, along with cash amounting to Rs. 7,000/-. Thereafter, the police registered the offence. During the course of investigation, the police also implicated the co-accused persons, namely Sachin Kumar Singh and Robin Singh. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He also submits that the co-accused persons, namely Sachin Kumar Singh and Robin Singh, were granted bail by the learned trial Court vide order dated 09.03.2026. He submits that the alleged 14 Buprenorphine injections of 2 ml each, totaling 28 ml, and 14 Avil injections of 10 ml each, totaling 140 ml, along with cash amounting to Rs. 7,000/-, were not seized from the possession of the present applicant, but were allegedly recovered from the linter of an under-construction house belonging to Geeta Lakra. He further submits that the owner of the said under-construction house, namely Geeta Lakra, has not been cited as a prosecution witness in the list of witnesses. As per the Goods Recovery Panchnama, the alleged contraband was recovered on 21.09.2025 at 13:00 hours. The Counting Panchnama was prepared on the same date at 13:10 hours, and the Panchnama regarding notice to the Drug Inspector was prepared at 13:20 hours. However, as per the Memorandum Panchnama, the memorandum statement of the applicant was recorded on 21.09.2025 at about 14:50 hours. Thus, the prosecution documents reveal material discrepancies and inconsistencies, which cast serious doubt upon the prosecution story. He also submits that the mandatory provisions of 3 NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. He further submits that the present applicant has no criminal antecedents and he is in jail since 21.09.2025 and 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 and submits that 14 Buprenorphine injections of 2 ml each, totaling 28 ml, and 14 Avil injections of 10 ml each, totaling 140 ml, along with cash amounting to Rs. 7,000/-, were seized from the possession of the present applicant. It is further submitted that the quantity of the contraband recovered is above the commercial quantity. Learned State Counsel further submits that the cases of co-accused Sachin Kumar Singh and Robin Singh, who have been granted bail by the learned trial Court, are distinguishable from that of the present applicant, as no contraband was recovered from their possession and their names surfaced only on the basis of the memorandum statements of the co-accused persons. In contrast, the contraband in commercial quantity was recovered directly from the possession of the present applicant. Therefore, considering the recovery of commercial quantity of contraband from the possession of the applicant, learned State Counsel submits that the applicant is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having heard learned counsel for the parties and upon perusal of the case diary, this Court finds that a commercial quantity of contraband, namely 14 Buprenorphine injections and 14 Avil injections, along with cash amounting to Rs. 7,000/-, has been recovered from the possession of the present applicant. The cases of co-accused Sachin Kumar Singh 4 and Robin Singh, who have been granted bail, stand on a different footing, as no recovery was made from their possession and their implication is based solely on the memorandum statements of co- accused persons. In view of the recovery of commercial quantity of contraband from the possession of the present applicant and the applicant has failed to furnish any satisfactory explanation regarding such possession. In these circumstances, it cannot, at this stage, be said to be a case of false implication. 7. Accordingly, the bail application of the applicant – Priyanshu Sahu @ Chaddi, involved in Crime No. 321/2025 registered at Police Station – Baikunthpur, District – Koriya (C.G.), for the offence punishable under Sections 22(c) and 29(1) 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. Office 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 Abhishek