MCRC/9211/2026 of KRISHNA SEN Vs STATE OF CHHATTISGARH on 14 October 2026

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.411/2026 registered at Police Station City Kotwali, District Durg (C.G.), for the offence punishable under Section 21(B), 29 of the Narcotic Drugs and Psychotropic Substances Act and under Section 25 of the Arms Act.

2. As per the case of the prosecution, on 23.07.2026, upon secret information to the effect that two persons are in search of customers to sell illegal narcotic substance tables and also carrying sharp-edged object with them, the police authorities reached the spot and apprehended the present applicant and one co-accused – Dipesh @ Ayush Deep and during search, 10 strips each containing 15 tables totalling 150 tables of ALPRAZOLAM tablet I.P. 0.5 MG (ALZOMAC- 0.5) psychotropic substance weighing 21.00 grams were seized from the present applicant. Thereafter, the police registered the offence as stated above, against the applicant.

3. Learned counsel appearing for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He would further submit that the seized contraband article, i.e., 21.00 is of intermediate quantity (less than commercial quantity), hence the rigours of Section 37 of the NDPS Act do not apply to the applicant's case. He would also submit that the charge-sheet has already been filed before the competent Court, the applicant has no criminal antecedents, he has been in judicial custody since 23.07.2026 and the conclusion of the trial is likely to take considerable time; thus, the applicant may be enlarged on regular bail.

4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that intermediate quantity of contraband article was recovered from the exclusive possession of the applicant, thus, he is not entitled to be released on regular bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, particularly that the seized contraband article (21.00 grams of ALPRAZOLAM tablet I.P. 0.5 MG (ALZOMAC-0.5) psychotropic substance is of intermediate quantity, which is below commercial quantity; further charge-sheet has already been filed, the applicant has no criminal antecedent of similar nature under the NDPS Act, he is in judicial custody since 23.07.2026 and the conclusion of the trial is likely to take some time, this Court is inclined to enlarge the applicant on regular bail. Accordingly, the bail application is allowed.

7. Let the applicant be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, &

(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

8. The observation made herein above is for the purpose of deciding this bail application only and the trial Court shall decide the case on its own merits. Sd/-

(Rakesh Mohan Pandey)

JUDGE Anjani