1 2026:CGHC:962 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 19 of 2026 Kamal Dadsena S/o Banmali Dadsena Aged About 25 Years R/o- Kulati, District- Bargarh, Odisha ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Saraipali, District- Mahasamund Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Virendra Kashyap, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 179/2025 registered at Police Station Saraipali, District- Mahasamund (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 17.07.2025, a police party along with staff proceeded for village patrol towards Toresinha in a government vehicle. During patrol near Jognipali Mood, SR Rice Mill, they received secret information that two persons were carrying narcotic medicines in the seat-dickey of a black coloured scooty bearing registration No. OD-17-Y-7663. After recording the information and informing the SDOP, the police intercepted the said scooty and associated two independent witnesses, Ayush Sahu and Abhinay Shah. On enquiry, the driver disclosed his name as Kamal Dadsena (present applicant) and the pillion rider as Gaurav alias Golu Satpathy, who stated that narcotic tablets, cough syrup and injections were kept in the seat- dickey and had been given to them by co-accused Deepak Mishra for delivery. After serving notices under Section 50 of the NDPS Act and completing necessary formalities, the police searched the scooty and recovered 245 ampoules of Pentazocine Lactate injection, 25 bottles (2500 ml) of cough syrup and 198 Nitrazepam tablets. All the seized articles were taken into possession by preparing a seizure memo. Consequently, Crime No. 121/2024 was registered at Police Station Saraipali under Section 21(c) of the NDPS Act against the accused persons. After investigation, the charge-sheet was filed, alleging that the seized contraband was of commercial quantity. Hence, the bail application. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, having no nexus with the alleged incident. He further submits that nothing incriminating was recovered either from the personal search of the applicant or from his residential premises. The prosecution case is based solely on secret information, without compliance of the mandatory provisions of Section 42 of the NDPS Act, as no prior written intimation was given to the SDOP and no empowered officer was present at the spot. The alleged contraband was recovered from a scooter and not from the personal possession of the applicant, making the notice under Section 50 of the NDPS Act improper. He also submits that no independent local witnesses were examined despite the place of occurrence being a public road, and the entire seized quantity has been wrongly treated cumulatively without establishing exclusive or joint possession of the applicant. The applicant is in jail since 05.09.2024 and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband substance i.e. 245 ampoules of Pentazocine Lactate injection, 25 bottles (2500 ml) of cough syrup and 198 Nitrazepam tablets recovered from the 4 scooty in which the applicant and co-accused were travelling and found in carrying the same, which is much above the commercial quantity as notified under the NDPS Act, therefore, 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. From perusal of the records, it prima facie appears that the contraband article seized i.e. 245 ampoules of Pentazocine Lactate injection, 25 bottles (2500 ml) of cough syrup and 198 Nitrazepam tablets, is above the commercial quantity as per the Schedule given under the NDPS Act and further noting that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article seized from the vehicle (black coloured scooty bearing registration No. OD-17-Y-7663), which were kept in seat-dickey of the said vehicle transporting along with co-accused / pillion rider, namely, Gaurav alias Golu Satpathy, which indicates prima facie involvement of the applicant and co-accused in the illicit trafficking of narcotic substances, further considering the fact that it has neither alleged nor argued, nor is any averment has been made that the applicant, who was driving the said scooty, was unaware of the fact that he was carrying a contraband substance in a quantity exceeding the commercial quantity. As such, in view of the seriousness of the 5 offence, I do not find any good ground to entertain the present bail application. 7. Accordingly, the bail application of the applicant - Kamal Dadsena, involved in Crime No. 179/2025 registered at Police Station Saraipali, District- Mahasamund (C.G.), for the offence punishable under Section 21 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil