1 CGHC010313622026 2026:CGHC:38679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7649 of 2026 Sahil Tirkey S/o Suresh Tirkey Aged About 23 Years R/o Batwahi, Chowki Raghunathpur, Police Station Lundra, District Sarguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Excise Divisional Flaying Scot, Division Sarguja, Ambikapur, District Sarguja (C.G.) ... Respondent(s) For Applicant(s) : None For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 1. None appeared on behalf of applicant on repeated calls. With the assistance of State counsel and prayers and pleadings made in the bail application, this Court proceeds to hear the matter. 2. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.09.01 15:41:01 +0530 2 with Crime No.43/2026, registered at Police Station- Excise Divisional Flaying Scot, Division Sarguja, Ambikapur, District Sarguja (C.G.) for the offences punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). 3. That, as per the brief facts of the prosecution case, on 06.07.2026, during patrolling, the Flying Squad received secret information, pursuant to which the present applicant was apprehended and found in possession of 10 ampoules of Rexogesic Buprenorphine Injection IP, each containing 2 ml, totaling 20 ml. Further, 39 ampoules of the same injection, totaling 78 ml, were seized from another accused person. Accordingly, the aforesaid contraband was seized and the present crime was registered against the accused persons. 4. It has been pleaded in the bail application that the applicant is innocent and has been falsely implicated in the present case and that he has not committed any act as alleged by the prosecution and the seizure memo has been falsely prepared by the police to implicate him. It is further pleaded that the mandatory provisions of the NDPS Act have not been complied with, rendering the arrest and proceedings against the applicant illegal. The applicant has been in custody since 07.07.2026, and as the trial is likely to take considerable time to conclude, he deserves to be enlarged on regular bail. 3 5. Learned State counsel, while opposing the bail application, submits that Rexogesic Buprenorphine Injection IP, comprising 10 ampoules of 2 ml each, totaling 20 ml, was seized from the possession of the present applicant, whereas 39 ampoules, totaling 78 ml, were seized from the possession of the co-accused Nitish Gupta. Learned State counsel further submits that the contraband involved in the present case is of commercial quantity and, therefore, the rigours of Section 37 of the NDPS Act are attracted. It is contended that the applicant’s involvement in the offence is prima facie established from the material available in the case diary and that, at this stage, there are no reasonable grounds for believing that the applicant is not guilty of the alleged offence or that he would not commit any offence while on bail. Hence, considering the nature and gravity of the offence and the statutory restrictions under Section 37 of the NDPS Act, the bail application deserves to be rejected. 6. I have heard learned counsel for the State and perused the material available on record. 7. Taking into consideration the nature and gravity of the offence, the quantity of contraband article i.e. that Rexogesic Buprenorphine Injection IP, comprising 10 ampoules of 2 ml each, totaling 20 ml, was seized from the possession of the present applicant, whereas 39 ampoules, totaling 78 ml, were seized from the possession of the co-accused Nitish Gupta is much above the commercial 4 quantity, as such, though the applicant is in jail since 07.07.2026, the bail application of applicant – Sahil Tirkey involved in Crime No.43/2026, registered at Police Station- Excise Divisional Flaying Scot, Division Sarguja, Ambikapur, District Sarguja (C.G.) for the offences punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 8. Needless to sat that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet