1 CGHC010142162026 2026:CGHC:28419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4198 of 2026 Karan Yadav S/o Late Kanwar Singh Yadav Aged About 33 Years R/o Abdul Kalam Ward Kakda Para Gali Jagdalpur, District- Bastar (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station - Bodhgaht, District - Bastar (C.G.) ...Non-applicant For Applicant : Mr. Ashok Kumar Komra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 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. 507/2025 registered at Police Station – Bodhgaht, District - Bastar, for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story in brief, is that, on the basis of secret information received from an informant, Assistant Sub-Inspector Dinesh Usendi of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.09 19:08:34 +0530 2 Police Station Bodhghat proceeded to the spot and conducted a search. During the search, the police allegedly recovered from the joint possession of the present applicant and the co-accused persons 58 strips of "Pyeevon Spas Plus" capsules, each strip containing 08 capsules, aggregating to 464 capsules. It is alleged that each capsule weighed 0.670 grams, and accordingly the total weight of the seized capsules was found to be 310.88 grams (464 × 0.670 grams). According to the prosecution, the seized capsules contain Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen, and the quantity of Tramadol Hydrochloride involved exceeds the notified commercial quantity prescribed under Entry No. 238ZH of the Notification issued under the Narcotic Drugs and Psychotropic Substances Act, 1985, wherein the small quantity is 05 grams and the commercial quantity is 250 grams. On the basis of the aforesaid seizure, the police registered the crime against the applicant and the co-accused for the offences punishable under the provisions of the NDPS Act, and the investigation was thereafter carried out in accordance with law. 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 alleged capsules were not recovered from the exclusive or conscious possession of the applicant, but were seized from an open place, and therefore no exclusive possession can be attributed to him. It is further submitted that the mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, have not been complied with during the search, seizure and investigation, and that the investigating agency failed to conduct a fair and proper investigation 3 before registering the FIR against the applicant. Learned counsel further submits that two independent seizure witnesses have turned hostile during the trial, which substantially weakens the prosecution case. It is also submitted that the applicant has been falsely implicated in connection with the alleged offence. Learned counsel further submits that the applicant has been in judicial custody since 05.11.2025, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses. The applicant is ready and willing to furnish adequate surety and to abide by all the terms and conditions that may be imposed by this Hon'ble Court. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel appearing for the State opposed the bail application and submitted that the applicant is not entitled to the benefit of bail. It is contended that, acting upon secret information, the police recovered 464 capsules of "Pyeevon Spas Plus", containing Tramadol Hydrochloride, from the joint possession of the applicant and the co-accused persons. It is further submitted that the total quantity of Tramadol Hydrochloride involved is of commercial quantity and, therefore, the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, are attracted. Learned State Counsel further submits that the charge-sheet has already been filed and sufficient material has been collected during the investigation connecting the applicant with the commission of the alleged offence. It is, therefore, prayed that the bail application deserves to be rejected. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature and gravity of the allegations, and the material available on record, it is evident that the contraband, namely Tramadol Hydrochloride capsules, has been seized from the joint possession of the applicant, which prima facie falls within the category of commercial quantity under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant has failed to furnish any satisfactory explanation regarding his possession of the said contraband. The recovery of such a substantial quantity of the contraband prima facie indicates the applicant's involvement in illicit trafficking of narcotic drugs, which constitutes a serious offence under the NDPS Act. Considering the gravity of the offence, the statutory rigour contained in Section 37 of the NDPS Act, 1985, and the material available on record, this Court does not find any reasonable ground to believe that the applicant is not guilty of the alleged offence or that he is not likely to commit any offence while on bail. Accordingly, no case for grant of bail is made out, and the bail application deserves to be rejected. 7. Accordingly, the bail application of the applicant – Karan Yadav, involved in Crime No.507/2025 registered at Police Station – Bodhgaht, District - Bastar, for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected Sd/- (Ramesh Sinha) Chief Justice Vaibhav