1 2026:CGHC:8879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1766 of 2026 • Farooq Ansari S/o Late Ali Hassan Aged About 33 Years R/o Dhobipara, Ward No. 08, District Ramanujganj Balrampur Chhattigsarh ... Applicant versus • State of Chhattisgarh Through Station House Officer Police Station Gandhinagar, District Surguja Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Syed Mohammad Sohail Afzal, Advocate For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/02/2026 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. 515/2025 registered at Police Station Gandhinagar, District – Sarguja (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 02.09.2025, the police received information from an informer that a co-accused, namely Shubham Vishwas, was present on Digma Road, Village area, riding a VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.20 17:38:32 +0530 2 Honda SP motorcycle bearing Registration No. CG-30-F-3359, and was in possession of a large quantity of narcotic injections for the purpose of sale and was waiting for customers. Acting on the said information, the police reached the spot and conducted a search. From a bag hanging on the handle of the motorcycle of the accused Shubham Vishwas, one paper box was recovered and seized, which contained 28 Rexogesic Buprenorphine Injections IP 2 ml (total quantity 56 ml) and 28 vials of Avil Pheniramine Maleate Injection IP 10 ml (total quantity 280 ml). When notice was given to the co- accused Shubham Vishwas regarding possession of the narcotic injections and he was asked to produce valid documents, he stated that he had obtained the said narcotic substances from another co- accused, namely Farooq Ansari. Further, co-accused Farooq Ansari, in his memorandum statement, stated that he had purchased the said injections from the present applicant/accused, Tasavur Ansari. Thereafter, an FIR bearing Crime No. 515/2025 was registered at Police Station Gandhinagar, District Sarguja (C.G.), for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. No recovery of any alleged narcotic substance or incriminating material has been made from the possession of the present applicant, as the entire recovery was effected from co-accused Shubham Vishwas; thus, the essential ingredient of conscious possession under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is absent against the applicant. The investigation is complete and the charge-sheet has already been filed. The applicant has been in 3 custody since 03.09.2025, the trial is likely to take considerable time and continued detention would amount to pre-trial punishment, therefore, applicant deserves to be enlarge on bail. 4. Learned State counsel opposes the bail application and submits that during investigation, narcotic injections were seized from co-accused Shubham Vishwas and the recovered contraband is of commercial quantity, therefore the strict provisions of Section 37 of the NDPS Act apply. It is submitted that co-accused Shubham Vishwas stated that he had obtained the injections through present applicant. This shows that the applicant is part of the illegal supply chain of narcotic substances. Considering the serious nature of the offence, involvement in supply of narcotics, and the bar of Section 37 NDPS Act. He further submits that similarly situated co-accused bail application has also rejected vide order dated 05.02.2026 in MCRC No.1303 of 2026, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that narcotic injections were seized from the possession of co-accused Shubham Vishwas and the quantity of contraband so recovered is above the commercial quantity, thereby attracting the rigours of Section 37 of the NDPS Act. The investigation further reveals that co-accused Shubham Vishwas disclosed that he had obtained the said narcotic injections from the present applicant. Thus, the material collected during investigation indicates a chain of illegal supply of narcotic substances, in which the present applicant appears to be the source and the bail application has also rejected vide order dated 05.02.2026 4 in MCRC No.1303 of 2026. In view of the commercial quantity involved and the role attributed to the applicant in the supply chain, it cannot be said at this stage that he has been falsely implicated and he has failed to offer any satisfactory explanation. Hence, this Court does not find it to be a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Farooq Ansari, filed under Section 483 of the B.N.S.S., involved in Crime No. 515/2025 registered at Police Station Gandhinagar, District – Sarguja (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaishali