Chhattisgarh HC Denies Bail Over Alleged 80 Ml Rexogesic Seizure And Pending Similar Case

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after his arrest in an NDPS Act case registered under Section 21(c).

Police allegedly seized 40 A VIL injections and 40 Rexogesic injections from him, alongside separate seizures from a co-accused.

The State opposed bail, asserting that the seized quantity was above commercial quantity and that the applicant had a live criminal antecedent of a similar nature.

At the hearing, one of eleven prosecution witnesses had been examined, and the applicant had been in custody since 22 September 2025.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was the procedural basis for the regular-bail application.

The Court applied Section 37 of the NDPS Act, treating its restrictions as attracted where the alleged contraband quantity is above commercial quantity; bail was therefore considered subject to those statutory rigours.

The Court also treated objections concerning compliance with mandatory NDPS procedures as matters for assessment by the trial court on the evidence adduced.

The Court considered the alleged seizure of 40 Rexogesic injections, each stated to contain 2 ml, amounting to 80 ml in total.

Even assuming A VIL did not fall within the NDPS Act, it concluded that the Rexogesic recovery was above commercial quantity and that Section 37’s restrictions applied.

It also relied on the applicant’s live, similar criminal antecedent.

The Court declined to decide the applicant’s procedural-compliance objections at the bail stage, leaving them for consideration by the trial court.