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2026 DAILYLAW 25986 (CHH)

SURAJ SONI v. STATE OF CHHATTISGARH

MCRC/4982/2026 · 2026-07-08

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Judgment text

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1 CGHC010211182026 2026:CGHC:28743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4982 of 2026 Suraj Soni S/o Bablu Soni Aged About 19 Years R/o Village Budhabagicha, Police Station And Tahsil Rajpur, District Balrampur- Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Divisional Flying Squad, Excise Division Surguja (C.G.) ... Non-applicant For Applicant :Dr. Prachi Diwan, Advocate. For Non-applicant/State :Mr. Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This is the 1st 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.135/2025 registered at Police Station – Divisional SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.11 16:53:36 +0530 2 Flying Squad, Division Surugja (C.G.), for the offence under Section 22(C) of NDPS Act. 2. The prosecution's story in brief is that on 11.10.2025, upon receiving secret information, the Divisional Flying Squad, Excise Department, Surguja, conducted a search at the house and shop of the Applicant, situated at Bagicha Kusami Road, Rajpur. It is alleged that considering the possibility of misappropriation of the seized material and absconding of the accused, Assistant District Excise Officer Ranjeet Kumar Gupta proceeded without a search warrant and in the presence of witnesses, conducted the search proceedings through videography. During the search, from a yellow coloured bag kept in the kitchen room of the Applicant's house, 53 injections of Rexogsic Buprenorphine Injection (2 ml each) and 53 injections of Avil Pheniramine Injection (10 ml each) were seized. Based on these allegations, the aforementioned offence has been registered against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case and is in custody since 11.10.2025. She further submits that no contraband substance falling within the ambit of the NDPS Act has been seized from the exclusive possession of 3 the Applicant and only Avil injections were seized. She lastly submits that the Applicant is a young boy aged about 19 years and the trial is likely to take considerable time for its conclusion, therefore, it is prayed that he may be enlarged on regular bail. 4. Per contra, learned Counsel for the State opposes the bail application and submits that the quantity of contraband allegedly seized from the possession of the Applicant falls under the category of commercial quantity under the NDPS Act, therefore, considering the nature and gravity of the offence, the present bail application deserves to be rejected. 5. Heard learned Counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the quantity of contraband allegedly seized from the possession of the Applicant, which falls within the category of commercial quantity under the NDPS Act and without expressing any opinion on the merits of the case, this Court is not inclined to grant regular bail to the present Applicant. 7. Accordingly, the bail application of the Applicant – Suraj Soni involved in Crime No.135/2025 registered at Police Station – 4 Divisional Flying Squad, Division Surugja (C.G.), for the offence under Section 22(C) of NDPS Act, is hereby rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya