Bail may be granted in NDPS cases where the seized quantity is below the commercial threshold, as the stringent requirements of Section 37 of the NDPS Act are not attracted.

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.348/2025, registered at Police Station- Kotwali, District- Raipur (C.G.) for the offence punishable under Section 21(A) of the NDPS Act and Section 25 of the Arms Act.

2. As per the prosecution case, on 16.12.2025, the police of Police Station- Kotwali received secret information that the applicant was sitting in a Scorpio vehicle without a number plate for the purpose of selling contraband substances, namely heroin and MD. Upon receipt of the said information, the police summoned independent witnesses and prepared the necessary panchnama. The information was also communicated to the Superintendent of Police, Raipur, and thereafter a raid was conducted. The applicant was intercepted near Garden Road, Budha Talab. A notice under Section 50 of the NDPS Act was served upon him, and his personal search was conducted, leading to the alleged recovery of contraband substances. A weighment panchnama was prepared on the spot. It is further alleged that the applicant was found in possession of 1.18 grams of heroin, 1.34 grams of brown sugar, cash amounting to Rs. 16,000/-, along with one pistol and four live cartridges. The seized articles were duly sealed in accordance with law. A Dehati Nalishi was recorded, and after completion of investigation, the charge-sheet/challan has been filed against the applicant. Hence this bail application.

3. Learned counsel for the applicant submits that the applicant has not committed any offence punishable with death or imprisonment for life and has been falsely implicated in the present case. It is contended that the allegations as reflected in the FIR are false, baseless and politically motivated, as the applicant is an active member of the Congress Party and the present FIR has been lodged only to settle political scores and out of personal vendetta. From a bare perusal of the FIR, it is apparent that the same has been registered with malafide intention to harass the applicant and to wreak personal grudge. It is further submitted that a false and fabricated story has been created, which is evident from the newspaper report dated 17.12.2025, wherein it has been reported that the applicant was taken into police custody at midnight between 15.12.2025 and 16.12.2025 (around 12:30 AM). If the applicant was already in custody at that time, the subsequent registration of FIR at 11:36 PM on 16.12.2025 becomes highly doubtful. The said newspaper report also reflects that the incident allegedly took place at Baijnathpara and not at Garden Road, Budha Talab, as mentioned in the FIR, and the image published therein shows the pistol, four bullets and cash of Rs.16,000/- already seized, thereby creating serious doubt regarding the alleged recovery at 07:30 PM on 16.12.2025. The image of the Scorpio vehicle published in the newspaper matches the description in the FIR, further indicating that the story has been manipulated subsequently. It is thus submitted that the FIR is an afterthought and the entire seizure and other proceedings reflected in the charge-sheet are vitiated, particularly when the applicant was already in custody.

4. Learned counsel for the applicant further contend that the charge-sheet cites as many as 15 witnesses, the trial is likely to take considerable time and even charges have not yet been framed. The alleged psychotropic substances