SAHIL TIRKEY vs STATE OF CHHATTISGARH

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CGHC010313622026 2026:CGHC:38679
NAFR
MANPREET
KAUR
Digitally signed
by MANPREET
KAUR
Date: 2026.09.01
15:41:01 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7649 of 2026
Sahil Tirkey S/o Suresh Tirkey Aged About 23 Years R/o Batwahi,
Chowki Raghunathpur, Police Station Lundra, District Sarguja (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through The Station House Officer, Police
Station Excise Divisional Flaying Scot, Division Sarguja, Ambikapur,
District Sarguja (C.G.)
... Respondent(s)
For Applicant(s) : None
For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
01.09.2026
1.
None appeared on behalf of applicant on repeated calls. With the
assistance of State counsel and prayers and pleadings made in
the bail application, this Court proceeds to hear the matter.
2. The applicant has preferred this First Bail Application under
Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS)
for grant of regular bail, as they have been arrested in connection

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with Crime No.43/2026, registered at Police Station- Excise
Divisional Flaying Scot, Division Sarguja, Ambikapur, District
Sarguja (C.G.) for the offences punishable under Section 22(C) of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
short, the NDPS Act).
3.
That, as per the brief facts of the prosecution case, on
06.07.2026, during patrolling, the Flying Squad received secret
information, pursuant to which the present applicant was
apprehended and found in possession of 10 ampoules of
Rexogesic Buprenorphine Injection IP, each containing 2 ml,
totaling 20 ml. Further, 39 ampoules of the same injection, totaling
78 ml, were seized from another accused person. Accordingly, the
aforesaid contraband was seized and the present crime was
registered against the accused persons.
4. It has been pleaded in the bail application that the applicant is
innocent and has been falsely implicated in the present case and
that he has not committed any act as alleged by the prosecution
and the seizure memo has been falsely prepared by the police to
implicate him. It is further pleaded that the mandatory provisions
of the NDPS Act have not been complied with, rendering the
arrest and proceedings against the applicant illegal. The applicant
has been in custody since 07.07.2026, and as the trial is likely to
take considerable time to conclude, he deserves to be enlarged
on regular bail.

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5. Learned State counsel, while opposing the bail application,
submits that Rexogesic Buprenorphine Injection IP, comprising 10
ampoules of 2 ml each, totaling 20 ml, was seized from the
possession of the present applicant, whereas 39 ampoules,
totaling 78 ml, were seized from the possession of the co-accused
Nitish Gupta. Learned State counsel further submits that the
contraband involved in the present case is of commercial quantity
and, therefore, the rigours of Section 37 of the NDPS Act are
attracted. It is contended that the applicant’s involvement in the
offence is prima facie established from the material available in
the case diary and that, at this stage, there are no reasonable
grounds for believing that the applicant is not guilty of the alleged
offence or that he would not commit any offence while on bail.
Hence, considering the nature and gravity of the offence and the
statutory restrictions under Section 37 of the NDPS Act, the bail
application deserves to be rejected.
6.
I have heard learned counsel for the State and perused the
material available on record.
7.
Taking into consideration the nature and gravity of the offence, the
quantity of contraband article i.e. that Rexogesic Buprenorphine
Injection IP, comprising 10 ampoules of 2 ml each, totaling 20 ml,
was seized from the possession of the present applicant, whereas
39 ampoules, totaling 78 ml, were seized from the possession of
the co-accused Nitish Gupta is much above the commercial

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quantity, as such, though the applicant is in jail since 07.07.2026,
the bail application of applicant – Sahil Tirkey involved in Crime
No.43/2026, registered at Police Station- Excise Divisional Flaying
Scot, Division Sarguja, Ambikapur, District Sarguja (C.G.) for the
offences punishable under Section 22(C) of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (for short, the NDPS Act),
is rejected at this stage.
8. Needless to sat that the trial Court concerned is at liberty to
proceed and conclude the trial expeditiously.
9.
Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice

Manpreet