2024:CGHC:31967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5896 of 2024 Ankit Mishra S/o Sanjay Mishra, Aged About 33 Years R/o Rajwada Behind Danteshwari Mandir, P.S. Kotwali, Jagdalpur, District- Bastar, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Police Station Kotwali Jagdalpur, District-Bastar, Chhattisgarh.

... Non-Applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate.

For Non-Applicant : Mr. Bharat Gulbani, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

22/08/2024

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. 81/2024 registered at Police Station Kotwali Jagdalpur, District-Bastar (C.G.), for the offence punishable under Section 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Case of the prosecution, in brief, is that on 07.02.2024, the Police of Police Station Kotwali Jagdalpur District Bastar (C.G.), has received secret information regarding some persons carrying Contraband, Police has searched and seized Alprazolam Tablet I.P 0.5 mg Anzilum 0.5 mg total 2625 tablets (weighing 262.5 grams) and Alprazolem tablet I.P 0.5 mg Becalm (weighing 27 grams) tablets total 225 tablet, nitrazepam tablets I.P Nitrosun 10 total 355 (weighing 195.25 grams) collectively weighting around 484.75 gms from the possession of co accused persons. The Police has arrested the co-accused persons under section 21 (c) and 29 of Narcotic Drugs and Psychotropic Substances Act and on the basis of their memorandum the present applicant has been made an accused in the instant case.

3. Learned counsel for the applicant submit that the applicant has been falsely implicated in this case and they are in jail since 07.02.2024. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that only on the basis of memorandum statement of the co-accused the present applicant has been arrested and no seizure has been made from the present applicant, further 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. He further submits that the quantity of contraband article i.e. Alprazolam Tablet I.P 0.5 mg Anzilum 0.5 mg total 2625 tablets (weighing 262.5 grams) and Alprazolem tablet I.P 0.5 mg Becalm (weighing 27 grams) tablets total 225 tablet, nitrazepam tablets I.P Nitrosun 10 total 355 (weighing 195.25 grams) collectively weighting around 484.75 gms recovered from the possession of the applicant, which is much above the commercial quantity and also the bail application of the co-accused person, namely, Vivek Das Manikpuri Urf Ulta has been rejected by this Court vide order dated 14.06.2024 in MCRC No.2762 of 2024 on the ground that the contraband articles seized from him is much above the commercial quantity, 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 article which has been seized from the possession of the applicant is much above the commercial quantity and also the bail application of the co-accused person, namely, Vivek Das Manikpuri Urf Ulta has been rejected by this Court vide order dated 14.06.2024 in MCRC No.2762 of 2024 on the ground that the contraband article recovered from his possession is much above the commercial quantity and it cannot be a case of false implication, the trial is in progress.

7. Accordingly, the bail application of the applicant-Ankit Mishra involved in Crime No. 81/2024 registered at Police Stati