1 2026:CGHC:20194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3981 of 2026 Akshay Ratre Son Fo Raj Kumar Ratre, Aged About 30 Years Resident Of Singhoda, P.S. Singhoda, District Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ajay Kumar Chandra, Advocate. For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/04/2026 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. 30/2026 registered at Police Station, Singhoda, District Mahasamund (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 21.03.2026, the police party along with staff was on patrol duty towards village Chivrakuta in a police vehicle. At about 13:40 hours, a secret informer informed that two persons were coming from Odisha towards Chhattisgarh on a Hero Glamour motorcycle bearing registration No. CG-06-GN-9588, carrying illegal cough syrup and intoxicant tablets. The information was conveyed to the SDOP, Saraipali, and a naka was laid at NH-53 near village Rehtikhol. After some time, the motorcycle matching the description was intercepted. Two persons were found riding it, who, upon questioning, gave evasive replies. On sustained interrogation, they disclosed that they were carrying ESKUF cough syrup (Codeine Phosphate & Triprolidine Hydrochloride) and Nitrazepam tablets, which were to be delivered to co-accused Akshay @ Manglu Ratre at Sindhoda. Subsequently, the co-accused Akshay @ Manglu Ratre was also brought to the spot. After complying with the provisions of the NDPS Act, including notice under Section 50, search of the accused and the motorcycle was conducted in presence of witnesses. During search, 21 bottles (100 ml each) of ESKUF cough syrup (total 2100 ml) and 10 tablets of Nitrazepam 10 mg were recovered from their joint possession. The seized contraband was duly sealed and seizure memo was prepared. As the accused failed to produce any valid 3 documents for possession and transportation of the said contraband, an offence under the NDPS Act was registered vide Crime No. 30/2026 at Police Station/Outpost Singhoda. The seized contraband is stated to be of commercial quantity, and investigation is still pending. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 22.03.2026. He would 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 for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 01.04.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 21 bottles (100 ml each) of ESKUF cough syrup (total 2100 ml) and 10 tablets of 4 Nitrazepam 10 mg were recovered from the joint possession of co-accused persons, which were to be delivered to the present applicant and the seized quantity of contraband article is much above the commercial quantity as notified under the NDPS Act and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the materials available on record. 7. From perusal of materials available on record, it transpires that charge-sheet has not been filed in the present case and contraband articles i.e. 21 bottles (100 ml each) of ESKUF cough syrup (total 2100 ml) and 10 tablets of Nitrazepam 10 mg were recovered from the joint possession of co-accused persons, which were to be delivered to the present applicant and the seized quantity of contraband article is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, further it cannot be a case of false implication and the trial is in progress. 8. Accordingly, the bail application of the applicant - Akshay Ratre, involved in Crime No. 30/2026 registered at Police Station, Singhoda, District Mahasamund (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 5 10. Office is directeds to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice Akhil