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2026 DAILYLAW 10296 (CHH)

VINAY GUPTA v. STATE OF CHHATTISGARH

MCRC/3825/2026 · 2026-04-27

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Judgment text

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1 2026:CGHC:19595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3825 of 2026 Vinay Gupta S/o Late Satish Gupta Aged About 30 Years R/o Village Batouli, Barpara, Police Station – Batouli, District – Surguja, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Excise Divisional Flying Squad Division Surguja, Chhattisgarh ... Non-Applicant For Applicant : Mr. Rahul Dewangan, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.173/2026, registered at Police Station - Excise Divisional Flying Squad Division Surguja, District - Surguja (C.G.) for the offences punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, on 30.01.2026, during routine patrolling near Belkota Bus Stop, the police allegedly recovered Rexogesic (Buprenorphine Injection IP, 2 ml ampoules), totaling 600 ampoules (amounting to 1200 ml), from the possession of the present Applicant along with co-accused Anup Gupta. Thereafter, on the basis of the said PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.29 11:06:38 +0530 2 alleged recovery, a crime was registered against the Applicant and the said co-accused. 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. It is further submitted that the Police have not followed the proper procedure prescribed in the NDPS Act. The Police have not seized substantive element in the exclusive possession of the applicant and appliacnt is not involved in any manner in aforementioned crime. Further, the applicant has no previous criminal antecedents. The applicant is in jail since 30.01.2026. 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 charge-sheet has been filed. She further submits that the quantity of narcotic substance seized i.e. total 600 ampoules (amounting to 1200 ml), from the joint possession of the present applicant along with co-accused, which is much above the commercial quantity. 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 narcotic substance which has been seized from the joint possession of the present applicant and other co-accused person, is much above the commercial quantity and the applicant has 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, hence, this Court is of the opinion that it is not a fit case to release the applicant on bail. 3 7. Accordingly, the bail application of applicant – Vinay Gupta, involved in Crime No.173/2026, registered at Police Station - Excise Divisional Flying Squad Division Surguja, District - Surguja (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 say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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