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2026 DAILYLAW 4389 (CHH)

LUCKY ANSARI v. STATE OF CHHATTISGARH

MCRC/818/2026 · 2026-04-07

body2026

Judgment text

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1 2026:CGHC:16152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 818 of 2026 • Lucky Ansari S/o Harun Ansari Aged About 21 Years Caste Muslim R/o Village Premnagar, Patthalgaon, Police Station Patthalgaon, District Jashpur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Patthalgaon, District Jashpur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Jitendra Kumar Saxena, Advocate For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2026 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.190/2025 registered at Police Station, Patthalgaon, District-Jashpur (C.G.), for the offence punishable under Sections 8, 21(C), 27(A), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on the basis of secret information received through informant, the Police of Police Station, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.09 18:02:59 +0530 2 Patthalgaon has allegedly recovered 30 wrappers SPASMO- PROXYVON PLUS tablets total 720 capsules from the possession of the applicant and co-accused Rasid Ali from Dickey of Activa No. CG- 13-AS-4048 at Tildega Chowk, Patthalgaon on 06.10.2025. Accordingly the aforesaid offences have been registered and the applicant has been arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 06.10.2025. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that 30 wrappers SPASMO-PROXYVON PLUS tablets total 720 capsules from the joint possession of the applicant and co-accused Rasid Ali from Dickey of Activa No. CG-13-AS-4048. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 30 wrappers SPASMO- PROXYVON PLUS tablets total 720 capsules from the joint possession of the applicant and co-accused Rasid Ali from Dickey of Activa No. CG-13-AS-4048, which is much above the commercial quantity and 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. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity i.e. 30 wrappers SPASMO-PROXYVON PLUS 3 tablets total 720 capsules from the possession of the applicant and co-accused Rasid Ali from Dickey of Activa No. CG-13-AS-4048, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant – Lucky Ansari, involved in Crime No.190/2025 registered at Police Station, Patthalgaon, District-Jashpur (C.G.), for the offence punishable under Sections 8, 21©, 27(A), 25 and 29 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 Vaishali