1 CGHC010246562026 2026:CGHC:27681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5918 of 2026 Waris Ahmad S/o Mohd. Shamim Ansari Aged About 26 Years R/o New Mohalla Post Shahpur P.S. Chainpur, District- Palamu Jharkhand ... Applicant versus State of Chhattisgarh Through S.H.O. Police Station Bodhghat, District- Bastar, Jagdalpur (C.G.) ... Non-applicant For Applicant : Mr. Palash Prakash Rajani, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, 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. 409/2025 registered at Police Station – Bodhghat, District- Bastar, Jagdalpur (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, on the basis of credible information, the police of Police Station Bodhghat conducted a search operation RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 during which 40 bottles of RC-Kuff+ Cough Syrup (containing Codeine Phosphate and Triprolidine Hydrochloride) and 90 strips of Alprazolam Tablets IP 0.5 mg (totalling 1,350 tablets) were allegedly recovered from the joint possession of the present applicant, Waris Ahmed, and co-accused K. Chakradhar Rao and others. It is alleged that, on the basis of the report of the Drug Inspector, the recovered contraband was assessed to be of commercial quantity falling under Serial No. 178 of the Schedule to the NDPS Act. Consequently, the applicant was arrested and a crime was registered against him for the offences punishable under the provisions of the NDPS Act. 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 on the basis of mere suspicion. It is contended that the trial has already commenced, and both the independent seizure/panch witnesses examined before the learned trial Court have turned hostile and have not supported the prosecution case regarding the alleged search and recovery. It is further submitted that the alleged contraband was recovered from the joint possession of several accused persons, and the prosecution has failed to produce any independent or cogent material to establish the conscious and exclusive possession of the present applicant. He also submits that the applicant has no previous criminal antecedents, the charge- 3 sheet has been submitted before the competent Court, he is in jail since 19.09.2025 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 of the present applicant and submits that the charge- sheet has been submitted before the competent Court. She further submits that the quantity of contraband article i.e. total 40 bottles of RC-Kuff+ Cough Syrup (containing Codeine Phosphate and Triprolidine Hydrochloride) and 90 strips of Alprazolam Tablets IP 0.5 mg (totalling 1,350 tablets) were recovered from the joint possession of the present applicant along with co-accused person, which is much above the commercial quantity, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the charge-sheet has been submitted before the competent Court and further the contraband article i.e. total 40 bottles of RC- Kuff+ Cough Syrup (containing Codeine Phosphate and Triprolidine Hydrochloride) and 90 strips of Alprazolam Tablets IP 0.5 mg (totalling 1,350 tablets) were recovered from the joint possession of the present applicant and co-accused person, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 4 7. 4 7. Accordingly, the bail application of the applicant – Waris Ahmad, involved in Crime No. 409/2025 registered at Police Station – Bodhghat, District- Bastar, Jagdalpur (C.G.), for the offence punishable under Section 21(B) 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 Rahul Dewangan