2025:CGHC:3127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7390 of 2024 Subham Soni S/o Jaiswal Soni Aged About 27 Years R/o Durgapara, Santoshi Nagar, Police Station- Tikrapara, District- Raipur, Chhattisgarh.

... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station-

Tikrapara, District- Raipur, Chhattisgarh.

... Non-Applicant For Applicant : Mr. Sanjay Kumar Agrawal, Advocate. For Non-Applicant : Ms. Supriya Upasane, Govt. Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

17.01.2025

1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 735/2024 registered at Police Station – Tikrapara, District – Raipur (C.G.), for the offence punishable under Sections 21, 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 25 of Arms Act.

RAHUL

2. Case of the prosecution, in brief, is that the Police of Police Station DEWANGAN Digitally signed by RAHUL – Tikrapara, District – Raipur (C.G.), had received secret DEWANGAN Date: 2025.01.21 information from the informant and on the basis of the said information conducted a raid and seized total Psychoactive and Narcotic Drugs 04 Packet Charas (Total weight 31.55 gm) and 98 M.D.M.A. Tablet (Total wieght 45.08 gm) and 01 Pistol with blank magazine, 01 electronic weighing machine, 100 pieces blank capsules and 100 pieces of plastic cover capsules and 01 lakh rupees along with 02 smart phone (total cost amounting Rs. 5,20,000/-) from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Sections 21, 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 25 of Arms Act against the present applicant.

3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the physical possession of the present applicant and the said place is an open public place and in which so many persons are also traveling at that time and the applicant is waiting Auto Rikshaw for attaining the coaching class for teaching the students. He also submits that the calculation of quantity of Charas is rightly calculated by the prosecution, but the calculation of quantity of MDMA Tablet has been wrongly calculated by the prosecution again and again, as per mathematical calculation, it is clear that 1000 milligram is equal to 1 gram and the total quantity of contraband articles i.e. MDMA Tablet is 0.04508 grams seized from the applicant, which is less than 0.5 grams, therefore, the contraband articles MDMA Tablets is small quantity, further the applicant is in jail since 23.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.

4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of Psychoactive and Narcotic Drugs i.e. 04 Packet Charas (Total weight 31.55 gm) and 98 M.D.M.A. Tablet (Total wieght 45.08 gm) and 01 Pistol with blank magazine, 01 electronic weighing machine, 100 pieces blank capsules and 100 pieces of plastic cover capsules and 01 lakh rupees along with 02 smart phone (total cost amounting Rs. 5,20,000/-), were recovered from the possession of the present applicant, and the applicant has failed to give any explanation for the same, 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. In compliance of the Court’s order dated 19.12.2024, the Superintendent of Police, Raipur has filed his personal afÏdavit as quoted below:-

“1. That, I am posted as the Superintendent of Police, District Raipur (C.G.) and duly authorized to swear this afÏdavit on behalf of the Non-Appl