1 2026:CGHC:11715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2267 of 2026 Rajnish Tiwari S/o Brijesh Tiwari Aged About 28 Years R/o - Village - Fhandurdihari, Patelpara, P.S. - Gandhinagar, Ambikapur, District - Sarguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O. Police Station - Ramanujganj, District - Balrampur-Ramanujganj (C.G.) ... Non-applicant(s) For Applicant : Mr. Pushkar Sinha, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03//2026 1. This is the 8rst bail application 8led under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 251/2023 registered at Out Post-Tatapani, Police Station- Ramanujganj District Balrampur-Ramanujganj (C.G.), for the o;ence punishable under Section 22(C) of NDPS Act. 2. Case of the prosecution, in brief, is that the Police of Police Out KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Post Tatapani, Police Station Ramanujganj, received secret information from an informant and on the basis of the said information, conducted a raid. During the raid, Avil 10 ml injections (75 pieces) and Rexogesic Buprenorphine Injection I.P. 2 ml (100 pieces) were allegedly seized from the joint possession of the applicant and the other co-accused. On the basis of the said seizure, a report was lodged against the applicant for the o;ence punishable under Section 22(C) of the NDPS Act. The applicant was arrested on 26/11/2023 and since then he is in judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged contraband psychotropic substance was not seized from the exclusive possession of the applicant. It is further submitted that the applicant has been deliberately implicated though he has not committed any o;ence as alleged. On the date of the incident, the applicant did not travel from Garhwa to Ambikapur in Suraj Bus, rather, he was present at Ambikapur and had withdrawn money from an ATM between 6:00 to 7:00 p.m., which is duly recorded in the CCTV camera installed at the said ATM. It is also contended that the mandatory provisions under Sections 42, 50 and 57 of the NDPS Act were not complied with during the search and seizure procedure and the applicant has been made an accused only on the basis of false information. Learned counsel further submits that in view of the law laid down by the Hon’ble Supreme Court in Toofan Singh vs. State of Tamil Nadu (2021) 4 SCC, a confessional statement made before the police is 3 inadmissible in evidence. It is also submitted that the applicant is about 28 years of age and has been in judicial custody since 27.11.2023 and no further custodial interrogation is required. Although the trial is at the verge of its completion, learned counsel for the applicant still prays that the applicant may kindly be enlarged on bail. 4. On the other hand, learned State counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case the charge-sheet has already been 8led before the competent Court. He further submits that the quantity of the alleged contraband recovered from the joint possession of the applicant along with the co-accused is above the commercial quantity. It is also submitted that the trial is at the verge of its conclusion, therefore, the present bail application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the o;ence, period of detention of the applicant and also considering the fact that the alleged contraband recovered from the joint possession of the applicant and co-accused is above the commercial quantity and the applicant has failed to give any satisfactory explanation for the same and further considering that the trial is at the verge of its conclusion, this Court is of the opinion that the present bail application of the applicant is not liable to be allowed at this stage. 4 7. Accordingly, the bail application of the applicant- Rajnish Tiwari, involved in Crime No. 251/2023 registered at Out Post-Tatapani, Police Station-Ramanujganj District Balrampur-Ramanujganj (C.G.), for the o;ence punishable under Section 22(C) of NDPS Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OBce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal