1 CGHC010249602026 2026:CGHC:27764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5833 of 2026 Rinku Chandrakar S/o- Vishnu Chandrakar Aged About 34 Years R/o- Ward No. 16, Bemcha, Police Station And District- Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Mahasamund, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate For Non-applicant/State : Mr. Saurabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.07.2026 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. 167/2026 registered at Police Station Mahasamund, District- Mahasamund (C.G.) for the offence under Sections 21(b), 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 30.03.2026, upon receiving credible secret information, A.S.I. Basant Panigrahi proceeded to Chipiyapara, near Railway Station, Mahasamund, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 where a search was conducted at the premises of co-accused Rakesh Kumar Sahu, Saddam Qureshi, Kamesh @ Sonu, and the present applicant. During the search, several strips of narcotic/psychotropic medicines were allegedly recovered from plastic bags. It is specifically alleged that the present applicant was found in conscious and exclusive possession of a blue plastic bag containing 06 strips (144 capsules) of Spasmo Proxyvon Plus, having a total composition of Dicyclomine Hydrochloride – 1,440 mg, Tramadol Hydrochloride – 7,200 mg, and Acetaminophen – 46,800 mg, aggregating 55,440 mg. On the basis of the seizure and the memorandum statement of the co-accused, the present applicant was arrested, and a crime was registered for the offences alleged. Upon completion of the investigation, the charge-sheet has been filed before the competent Court, and the case is presently pending for trial. Hence this bail application. 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 been roped into the case on the basis of a false and fabricated seizure memo prepared by the police. It is further submitted that the prosecution alleges recovery of only 144 capsules (06 strips) of Spasmo Proxyvon Plus from the possession of the applicant, which, by itself, does not constitute a commercial quantity under the provisions of the NDPS Act. It is also submitted that the mandatory provisions of the NDPS Act governing search, seizure, and investigation have not been complied with in their true spirit. He further submits that the applicant has no criminal 3 antecedents under the NDPS Act, the charge-sheet has been submitted before the competent Court, and he is in jail since 30.03.2026 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- sheet has been filed in the present case before the competent Court. He further submits that the contraband article i.e. 144 capsules (06 strips) of Spasmo Proxyvon Plus was seized from the exclusive possession of the present applicant. 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 said contraband article which has been recovered from the exclusive possession of the present applicant, is less than commercial quantity and further the fact that the applicant has no previous criminal antecedents under the NDPS Act and in the present bail application the charge-sheet has been filed before the competent Court and he is in jail since 30.03.2026 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 – Rinku Chandrakar, involved in Crime No. 167/2026 registered at Police Station Mahasamund, District- Mahasamund 4 (C.G.) for the offence under Sections 21(b), 22(b) 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 sufficient 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, 5 before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient 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. 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 Rahul Dewangan