1 2025:CGHC:60048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10146 of 2025 1. Jayant Vastrakar S/o Shiv Kumar Vastrakar, Aged About 22 Years R/o Ghutaku, Nayapara, Police Station Koni, District Bilaspur Chhattisgarh 2. Niket Vastrakar S/o Ramavtar Vastrakar, Aged About 23 Years R/o Ghutaku, Nayapara, Police Station Koni, District Bilaspur Chhattisgarh ... Applicants versus State of Chhattisgarh Through The Police Station City Kotwali, District Bilaspur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Aditya Kumar Mishra, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.12.2025 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.488/2025, registered at Police Station: City Kotwali, District Bilaspur, Chhattisgarh for the offences punishable under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, on 08.09.2025 at about 11:45 AM, Police PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.11 11:18:02 +0530 2 Station City Kotwali, Bilaspur, received secret information that two persons travelling on a black Pulsar motorcycle bearing registration No. CG-10-BM-2344 were sitting behind Santosh Lodge, Jooni Line, Nala Road, Bilaspur, looking for customers to sell narcotic injections. Acting on this information, a raid was conducted. From the possession of accused Niket Vastrakar and Jayant Vastrakar, who were found at the spot, NRX Buprenorphine Injection IP 2 ml was allegedly recovered 32 ampoules (64 ml) from a yellow plastic bag linked to Niket and 30 ampoules (60 ml) from a white polythene bag linked to Jayant along with small amounts of cash and two mobile phones. A black Pulsar motorcycle was also seized. Subsequently, co-accused Durga Verma was arrested based on her memorandum statement, and 53 additional ampoules (106 ml) of Buprenorphine Injection IP 2 ml were allegedly recovered from beneath the kitchen platform of her house in Ghutku. The prosecution contends that all three accused acted in concert to purchase and sell the narcotic injections in Bilaspur and that the recoveries were made from their possession while they were transporting the narcotic substance for illegal sale. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the prosecution case is based solely on the assumption that the accused were waiting to sell narcotic injections. No customer was found, no sale transaction was detected, and no other material such as weighing scale, packing materials, slip diary or transaction record was seized. Except for nominal pocket money, no amount suggestive of any sale of contraband was recovered. 3 Therefore, the allegation of commercial dealing is only speculative and unsupported by evidence. It is further submitted that the applicants have no criminal antecedents, the charge-sheet has been filed. The applicant is in jail since 08.09.2025. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the quantity of contraband article seized from joint possession of the present applicants, which is much more than the commercial quantity. Further the charge-sheet has been submitted. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of contraband article which has been seized from the possession of the present applicants, is much more than the commercial quantity and the applicants have failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted and the trial is in progress, the bail application of applicant Nos. 1 and 2 – Jayant Vastrakar and Niket Vastrakar involved in Crime No.488/2025, registered at Police Station: City Kotwali, District Bilaspur, Chhattisgarh for the offences punishable under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti