1 2026:CGHC:16991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1618 of 2026 Amit Rai @ Golu S/o Sameer Rai Aged About 21 Years R/o Phundurdihari Bangalipara P.S. Gandhinagar, District Surguja C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Gandhi Nagar (Dehat Thana), District Surguja C.G. ... Non-applicant(s) For Applicant : Mr. Anurag Tiwary, Advocate. For Non-Applicant : Mr. Shailendra Shrama, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/04//2026 1. This is the first bail application filed 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. 259/2025 registered at Police Station- Gandhinagar (Dehat Thana) District- Surguja (C.G.), for the offence punishable under Section 22(C) of NDPS Act. 2. Case of the prosecution, in brief, is that upon perusal of the case diary, it is revealed that on 27.04.2025, during routine patrolling, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.15 18:15:39 +0530 2 police personnel of Police Station Gandhinagar intercepted the applicant/accused and upon search of the bag in his possession, recovered 15 injections of Rexogesic Buprenorphine Injection IP (2 ml each, totaling 30 ml) and 20 injections of Avil Pheniramine Maleate Injection IP (10 ml each), which were being kept without any valid authority or license, as per the Central Government notification, Buprenorphine is specified with small quantity as 1 gram and commercial quantity as more than 20 grams and in the present case, the total recovered quantity of 30 ml falls within the category of commercial quantity, thereby attracting the stringent provisions of the NDPS Act, and the manner of recovery clearly indicates illegal possession and potential involvement in trafficking, with the accused having failed to furnish any satisfactory explanation or authorization for such possession, thus establishing a strong prima facie case against him. Accordingly, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, having no role whatsoever in the alleged offence. It is further submitted that the alleged contraband was not recovered from the exclusive possession of the applicant but from an open place, thereby creating serious doubt regarding conscious possession. It is contended that although the prosecution has alleged recovery of 15 Rexogesic Buprenorphine injections (2 ml each), however, as per the standard composition, each ampoule contains only 0.6 mg of Buprenorphine, and thus the total recovered quantity comes to 3 merely 9 mg (0.009 gram), which is far below the notified small quantity of 1 gram, and therefore, the provisions relating to commercial quantity are not attracted. It is further submitted that the applicant has been in judicial custody since 27.04.2025, the charge- sheet has already been filed before the learned Special Judge, NDPS Act, Ambikapur (C.G.), and no further custodial interrogation is required. He also submits that the applicant is suffering from serious medical ailments, namely acute pancreatitis, hypertension, and diabetes since the age of 15 years and during incarceration, he has been admitted to the ICU multiple times, which clearly demonstrates that his condition is life-threatening and cannot be adequately treated within the limited medical facilities available in jail. It is further submitted that there is no direct evidence connecting the applicant with the alleged offence and considering the likelihood of delay in conclusion of trial, continued detention would cause grave prejudice to the applicant as well as his dependent family members, who are facing severe hardship in his absence, hence, on all these grounds, the applicant deserves to be enlarged on bail. 4. On the other hand, learned counsel for the State vehemently opposes the bail application and submits that the applicant was apprehended during routine patrolling and from his possession, a substantial quantity of contraband, i.e., 15 injections of Rexogesic Buprenorphine and 20 injections of Avil Pheniramine Maleate, was duly recovered and seized in accordance with law, which clearly establishes his conscious and illegal possession of psychotropic substances. It is further submitted that the quantity involved falls 4 within the ambit of commercial quantity, thereby attracting the stringent provisions of the NDPS Act, particularly the bar contained under Section 37 and thus the applicant is not entitled to the benefit of bail. It is also contended that the manner in which the contraband was being carried indicates involvement in illicit trafficking, and the applicant has failed to produce any valid prescription, license, or satisfactory explanation for such possession. He further submits that the offence is grave in nature and has serious repercussions on public health and safety and considering the nature and gravity of the offence, there is every likelihood that if released on bail, the applicant may abscond or tamper with prosecution evidence. Therefore, in view of the seriousness of the allegations, the statutory restrictions and the strong prima facie case against the applicant, it is prayed that the present bail application be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 03.03.2026, the Investigating Officer has submitted an affidavit stating that during the course of investigation, the accused/ applicant was arrested and remanded to judicial custody, the seized contraband was duly sampled before the learned CJM Court, Ambikapur and thereafter sent for chemical examination, the report whereof is part of the case diary and upon completion of investigation, charge-sheet No. 197/2025 dated 14.07.2025 has been filed before the Court of learned Special Judge, NDPS Act, Ambikapur, District Surguja (C.G.) for the offence punishable under Section 22(C) of the NDPS 5 Act, and it is further submitted that although there is no previous criminal antecedent against the applicant as per the report dated 16.03.2026 issued by the SHO, Police Station Gandhi Nagar, Ambikapur, however, considering the fact that the contraband seized from his possession is of commercial quantity and the applicant has failed to furnish any satisfactory explanation for the same, there is every likelihood that if released on bail, he may abscond, tamper with evidence, influence witnesses, and indulge in similar offences, particularly when he was apprehended after considerable efforts by the police authorities and therefore, in view of the seriousness of the offence and its adverse impact on society, the applicant does not deserve to be enlarged on bail 7. Considering the facts and circumstances of the case, nature and gravity of the offence and also considering the affidavit filed by he concerned investigating officer, the manner in which the contraband was recovered from the possession of the applicant and taking into account that as per the prescribed provisions, the commercial quantity of Buprenorphine is 20 grams whereas from the possession of the applicant i.e. 15 injections of Rexogesic Buprenorphine (2 ml each) have been seized amounting to a quantity which falls within the ambit of commercial quantity, thereby attracting the rigours of Section 37 of the NDPS Act and further considering that the applicant has failed to furnish any satisfactory explanation regarding such possession and a strong prima facie case is made out against him, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application of the applicant- Amit Rai @ Golu, 6 involved in Crime No. 259/2025 registered at Police Station- Gandhinagar (Dehat Thana) District- Surguja (C.G.), for the offence punishable under Section 22(C) of NDPS Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Abhishek