1 2026:CGHC:25652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5483 of 2026 Ramesh Kushwaha S/o Mahesh Ram Kushwaha Aged About 48 Years R/o Ward No. 6, Ramanujganj, P.S. Ramanujganj, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Excise Department Ambikapur, P.S. Ramanujganj, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Jai Prakash Shukla, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.129/2025, registered at Police Station- Ramanujganj, Distt. Balrampur Ramanujganj (C.G.) for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution case, in brief, is that on the basis of a secret information received by the Flying Squad of the Excise Department, Surguja Division, a raid was conducted at the residence of the applicant. During the search, the raiding party allegedly recovered and seized 1,575 tablets of MCZOLE 0.5 (Alprazolam), 8 Rexogesic (Buprenorphine) injections and 8 Avil (Pheniramine) injections from the possession of the applicant. On the basis of the said recovery, Crime No. 129/2025 was registered against the applicant for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Upon completion of investigation, charge-sheet was filed before the Court of the learned Special Judge (NDPS Act), who took cognizance of the offence and framed charges against the applicant. The trial is presently in progress and, till date, two prosecution witnesses have been examined. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that the alleged recovery has been falsely planted and the mandatory provisions of the NDPS Act relating to search, seizure and investigation have not been duly complied with. It is further submitted that the applicant has been in judicial custody since 08.10.2025, the investigation stands concluded and charge-sheet has already been filed, therefore his further custodial detention is not required. Learned counsel also submits that the trial is progressing at a slow pace and only two prosecution witnesses 3 have been examined till date and furthermore, seizure witnesses have turned hostile, as a result of which there is no likelihood of the trial concluding in the near future. Hence, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that from the possession of applicant, MCZOLE 0.5 Alprazolam Tablet total 1575 piece, Raxogesic Buprenorphine Injection (I.P.) total 8 piece and Avil Pheniramine Injection total 8 piece has been recovered, which is much above the commercial quantity hence, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the nature and gravity of the offence and the fact that from the possession of applicant, MCZOLE 0.5 Alprazolam Tablet total 1575 piece, Raxogesic Buprenorphine Injection (I.P.) total 8 piece and Avil Pheniramine Injection total 8 piece were recovered which is much above the commercial quantity and further, the fact the seizure witnesses have turned hostile cannot be a ground for grant of bail as the same may only result in tampering with the evidence. In such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justified to grant bail to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused – 4 Ramesh Kushwaha involved in Crime No.129/2025, registered at Police Station- Ramanujganj, Distt. Balrampur Ramanujganj (C.G.) for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 Akhil