1 2026:CGHC:2199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 440 of 2026 Atul Sahu S/o Late Shri Vijay Sahu, Aged About 19 Years R/o Old Gaurella, Thana Gauella, District- Gaurella - Pendra - Marwahi (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Thana Gauella, District- Gaurella - Pendra - Marwahi (C.G.) ... Respondent(s) For Applicant(s) : Mr. Abdul Moin Khan, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/01/2026 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. 78/2025 registered at Police Station Gauella, District- Gaurella - Pendra - Marwahi (C.G.), for the 2 offence punishable under Section 21, 22C of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 26.03.2025, Police Station Gaurela received secret information through a mukhbir that Atul Sahu, Manish Masih, and Laxman Sarthi, residents of Purana Gaurela, were coming towards Purana Gaurela on a TVS Apache motorcycle bearing registration No. CG-13-R-3540, carrying prohibited narcotic substances for the purpose of illegal sale. Acting on the said information, the police conducted barricading and raid proceedings. During lawful search in the presence of police personnel and witnesses, from accused Manish Masih, 20 ampoules of Buprenorphine Injection IP (2 ml each) and 20 sealed vials of Avil Injection (10 ml each) were recovered, which were kept concealed in a black plastic bag. From accused Atul Sahu, one TVS Apache motorcycle and a Vivo mobile phone were seized, and from accused Laxman Sarthi, cash amount of ₹200/- was recovered. Necessary compliance under Section 50 of the NDPS Act was made, spot panchnama was prepared, and separate seizure proceedings were carried out. During investigation, on the memorandum statement of accused Atul Sahu, it was revealed that he and co-accused Manish Masih and Laxman Sarthi were addicted to injectable drugs for the last six months. As the narcotic injections were not available in Gaurela, all three had gone together on Atul Sahu’s motorcycle to Manendragarh, where Manish Masih, who was 3 already acquainted with one Salman Khan, procured the narcotic injections by paying money. While returning to Gaurela for selling the same, Manish Masih concealed the injections in his T-shirt, Atul Sahu (present applicant) was driving the motorcycle, and Laxman Sarthi was seated behind. On the basis of recovery and material evidence, offences under Sections 21 and 22(c) of the NDPS Act were found to be prima facie made out. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is an innocent and has falsely been implicated in the present case, the applicant is in jail since 27.03.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case 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 the contraband substance i.e. 20 ampoules of Buprenorphine Injection IP (2 ml each) and 20 sealed vials of Avil Injection (10 ml each), was recovered from the possession of a co-accused, with whom the present applicant was travelling, along with one more co-accused, namely, Laxman Sarthi, which is much above the commercial quantity as notified 4 under the NDPS Act, further bail application of co-accused, namely, Salman Khan, from whom no contraband substance was seized, has already been rejected by this Court vide order dated 14.11.2025 in MCRC No.8816 of 2025, 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 contraband articles i.e. 20 ampoules of Buprenorphine Injection IP (2 ml each) and 20 sealed vials of Avil Injection (10 ml each) recovered from the possession of a co-accused, with whom the applicant was travelling, along with one more co-accused, namely, Laxman Sarthi on a bike is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, further considering the fact that the bail application of co-accused, namely, Salman Khan, from whom no contraband substance was seized, has already been rejected by this Court vide order dated 14.11.2025 in MCRC No.8816 of 2025, it is an organized crime and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant - Atul Sahu, involved in Crime No. 78/2025 registered at Police Station Gauella, District- Gaurella - Pendra - Marwahi (C.G.), for the 5 offence punishable under Section 21, 22C 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