1 2026:CGHC:5717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1045 of 2026 Vikas Pohekar S/o Mukesh Pohekar Aged About 20 Years R/o Jayanti Nagar, P.S. Mohan Nagar, Durg, Distt. Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. City Kotwali, Distt. Durg, Chhattisgarh. ...Non-applicant For Applicant : Mr. F.S. Khare, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.02.2026 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. 309/2025 registered at Police Station – City Kotwali District – Durg (C.G.), for the offence punishable under Section 21(b) 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story in brief is that on 02.07.2025, the Sub-Inspector of Police Station City Kotwali, Durg, received secret information that one Vikas Pohekar was illegally selling psychotropic substances, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.03 11:41:26 +0530 2 namely Brown Sugar and prohibited intoxicating tablets, near Shitla Talab, Kham Talab, Preeti Shringar Sadan, Durg. Acting upon the said information and after duly complying with the mandatory provisions of the NDPS Act, the police proceeded to the spot and apprehended the accused. Upon search, three small packets containing Brown Sugar weighing a total of 11.56 grams were recovered from the left pocket of the accused, kept in a polythene packet. The police also seized a white-coloured bag containing Nitrazepam Tablets I.P. (Nitzascen), comprising 10 packets, each packet containing 6 strips, each strip having 50 tablets, amounting to a total of 900 tablets, with each tablet weighing 650 mg and the total weight being 585 grams, along with cash of Rs. 300/-. During interrogation, accused Vikas Pohekar disclosed that he had purchased the said contraband from co-accused Alok Pandey. Thereafter, the police arrested the co-accused persons Toyesh Mane and Alok Pandey, and upon completion of investigation, filed the charge-sheet before the competent Court. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case and has neither committed nor participated in any offence. He further submits the applicant is employed in the shop of co-accused Alok Pandey, and on the date of the incident, he merely accompanied the co-accused in a Swift car, as directed by Alok Pandey, to hand over a bag and a polythene packet to a person known to Alok Pandey, without having any knowledge that the bag and polythene contained prohibited drugs. The applicant further states that at the time of the incident, before he could deliver the items, he was apprehended by the police, while the co-accused Alok Pandey and Toyesh Mane fled from the spot. 3 The applicant has no connection with the alleged crime, has no previous criminal antecedents, and has been in judicial custody since 02.07.2025, with the charge-sheet already filed. Being the sole earning member of his family, his continued incarceration is causing severe hardship to his family. The applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of him absconding or tampering with prosecution witnesses. He is willing to furnish adequate security and undertake to abide by all terms and conditions imposed by this Hon’ble Court while granting bail 4. Learned counsel for the State submits that on 02.07.2025, accused Vikas Pohekar was caught selling Brown Sugar and 900 Nitrazepam tablets (total 585 grams) near Shitla Talab, Durg, and during interrogation he admitted purchasing the contraband from co-accused Alok Pandey. Co-accused Toyesh Mane and Alok Pandey were also arrested, and the charge-sheet has been filed. The applicant has failed to provide any satisfactory explanation regarding the contraband. Considering the seriousness of the offence and the quantity involved, the State submits that the applicant is not entitled to bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material on record, it is noted that the accused was apprehended near Shitla Talab, Kham Talab, Preeti Shringar Sadan, Durg, in possession of three small packets containing Brown Sugar weighing 11.56 grams and a white-coloured bag containing 900 Nitrazepam tablets (total weight 585 grams), which 4 prima facie amounts to a commercial quantity under the NDPS Act. The applicant has failed to offer any satisfactory explanation regarding the alleged contraband. The seizure of such a commercial quantity clearly indicates the applicant’s involvement in the illicit trafficking of narcotic substances, which constitutes a serious offence under the NDPS Act. In view of the seriousness of the offence and the quantity involved, this Court finds no ground to grant bail. Accordingly, the bail application is rejected 7. Accordingly, the bail application of the applicant – Vikas Pohekar, involved in Crime No. 309/2025 registered at Police Station – City Kotwali District – Durg (C.G.), for the offence punishable under Section 21(b) 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav