Possession of narcotics exceeding commercial quantity warrants denial of bail; claims of false implication require substantial evidence.

Order on Board

31.01.2025

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.145/2024, registered at Police Station – Bhatgaon, District - Surajpur (C.G.) for the offences punishable under Section 21(C) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.

2. The prosecution story in brief, is that on 11.11.2024 Police had received the information through the informer that the applicant at his Kirana shop selling illegal drugs to random people. Thereafter, without causing any further delay the police team conducted raid on the spot and it was found that, the present applicant was in possession of 11 Talgesic injection 2 ml each, 7 Buprenorphine injection and avil injection. Moreover, the other co-accused, namely, Sonu @ Manai Rajwade 1 broken vials of Buprenorphine injection and one avil injection was seized and from another co-accused, namely, Shreedev Dewangan 1 broken vials of Buprenorphine injection and one avil injection was seized. Hence, this bail application.

3. None appears on behalf of the applicant to press this application when the case is called out, however, with the assistance of the learned State counsel, this Court proceeds to hear and decide this bail application.

4. It has been pleaded in the bail application that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.11.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail.

5. On the other hand, the learned counsel for the State opposes the bail application and submits that 11 narcotic injections of 2 ml each, 7 buprenorphine injection and 9 Evil injections were recovered from the applicant. Further, the applicant is accused of possessing narcotic injections/drugs for sale. Moreover, the other co-accused, namely, Sonu @ Manai Rajwade 1 broken vials of Buprenorphine injection and one avil injection was seized and from another co-accused, namely, Shreedev Dewangan 1 broken vials of Buprenorphine injection and one avil injection was seized, which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case.

Hence, this bail application is liable to be rejected.

6. I have heard learned counsel for the State counsel and perused the material available on record.

7. Taking into consideration the fact that the quantity of contraband article seized from the possession of the applicant, is much above the commercial quantity and the applicant is failed to give any explanation for the same and it could not be a case of false implication, the charge-sheet has been filed in this case, hence, the bail application of applicant – Baleshwar @ Sagar Rajwade involved in Crime No.145/2024, registered at Police Station – Bhatgaon, District - Surajpur (C.G.) for the offences punishable under Sections 21(C) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act , is rejected at this stage.

8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously.

9. The OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith.