Order on Board

19.01.2024

1. The applicant have preferred this First Bail Application under Section

439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 371/2023, registered at Police Station Gandhinagar, District : Surguja (Ambikapur), (C.G.) for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

2. The prosecution story, in brief, is that on the basis of secret information received by police personal of police station - Gandhinagar, Distt. Surguja (C.G) on 11.09.2023 has been seized 13 piece of Leegesic Buprenorphine Injection containing 2 each and 13 piece Avil Vial containing 2 ML each form the possession of the co-accused namely Ahamad Ansari and 10 piece of Leegesic Buprenorphine Injection containing 2 each and 10 piece Avil Vial containing 2 ML each form the possession of the present applicant and registered the FIR for the offence under section 21(B), 29 of NDPS Act against the present applicant and co-accused Ahamad Ansari in connection with crime no. 371/2023 and after due investigation the charge-sheet has been filed before the learned trail Court.

3. It has been argued by the learned counsel for the applicant that from the possession of the present applicant intermediate quantity of the psychotropic substance 10 pieces of Leegesic Buprenorphine injection of 2 ml each has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Leegesic Buprenorphine injection as prescribed under the schedule is more than 20 ml and from the possession of the present applicant only 20 ml of Leegesic Buprenorphine injection has been seized. He further submits that the Avil Vial seized from the applicant does not comes under the NDPS Act. He also submits that the case of the present applicant is different from that of the co- accused as the contraband article seized from him is more than commercial quantity. It has been further argued that there is no criminal antecedent of NDPS Act or any other criminal case against the present applicant. It is also submitted that the charge-sheet has been filed and the trial is in progress, the applicant is in jail since

11.09.2023, hence he prays that the applicant be enlarged on bail.

4. On the other hand, the learned counsel for the State opposes the bail application but admits the fact that the applicant has no criminal antecedents under the NDPS Act or any other nature also that the charge-sheet has been filed in this case. It is submitted that 20 ml Leegesic Buprenorphine injection has been recovered from the possession of the applicant, therefore, his bail application is liable to be dismissed.

5. Heard learned counsel for the parties and perused the material available on record.

6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of psychotropic substance Leegesic Buprenorphine injection seized from the possession of the applicant i.e. 20 ml, which is less than commercial quantity, the applicant has no criminal antecedents, charge-sheet has been filed and the conclusion of the trial is likely to take sometime, and further that the applicant is in jail since 11.09.2023, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case.

7. Let applicant, Anurag Patel involved in Crime No. 371/2023, registered at Police Station Gandhinagar, District : Surguja (Ambikapur), (C.G.) for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when t