1 2026:CGHC:24456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 867 of 2026 Vikas Kumar Dwivedi Son Of Shri Ravendra Prasad Dwivedi, Aged About 25 Years Occupation Business, R/o- H.No. 128, Patehara Khurd, District Sidhi (M.P.), Current Address- Room No. 06, Hospital C M C, Niwas, District- Singrauli (M.P.) ... Applicant versus State of Chhattisgarh Through - The Station House Officer, Police of Police Station Manendragarh, District- M. C. B. (C.G.) ... Non-applicant For Applicant : Mr. Sanjeev Verma, Advocate. For Non-Applicant : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 17.06.2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 09/2026, registered at Police Station – Manendragarh, District - Manendragarh-Chirmiri-Bharatpur, (C.G.) for alleged commission of offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution story, on 12.01.2026, Inspector Deepesh Saini of Police Station City Kotwali, Manendragarh received a secret information from an informer that a juvenile in conflict with law was possessing and selling psychotropic injections and was searching for customers for their sale. Acting upon the said information and after allegedly complying with the mandatory provisions of the NDPS Act, the police conducted proceedings in the presence of independent witnesses and recovered from the possession of the juvenile 46 injections of Buprenorphine (2 ml each), totaling 92 ml/92 grams, and 19 injections of Pheniramine Avil (10 ml each), totaling 190 ml/190 grams, which were alleged to be of commercial quantity. During interrogation, the juvenile allegedly disclosed in his memorandum statement that he had procured the said injections on 8-10 occasions through parcel service sent via a bus driver from Vikas Medical Store, District Sidhi (M.P.), operated by the present applicant/accused Vikas Dwivedi, and further stated that the injections were being sold to youths in Manendragarh and nearby areas. On the basis of the said memorandum statement and the circumstances alleged by the prosecution, Police Station Manendragarh, District M.C.B., registered Crime No. 09/2026 for the offence punishable under Section 22(c) of the NDPS Act against the applicant and other accused persons. Hence, the present anticipatory bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no contraband or incriminating article has been 3 seized from the possession of the applicant and there is no independent evidence available on record connecting him with the alleged offence. The only material against the applicant is the memorandum statement of the co-accused/juvenile recorded by the police during investigation, which is inadmissible in evidence except to the limited extent permissible under law and cannot by itself form the basis for implicating the applicant. It is further submitted that the applicant has been arrayed as an accused solely on the basis of such memorandum statement and not on the basis of any recovery or other corroborative material. He further argues that there are material discrepancies in the investigation and that the mandatory provisions of the NDPS Act have not been duly complied with by the investigating agency. It is also submitted that the applicant is a resident of District Singrauli (M.P.) and has no connection with the alleged offence said to have been committed in the State of Chhattisgarh. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand learned State counsel opposes the application for grant of anticipatory bail to the applicant, and submits that the present case pertains to a serious offence under Section 22(c) of the NDPS Act involving commercial quantity of psychotropic substances. It is contended that during investigation, the juvenile apprehended with the contraband specifically disclosed the name of the applicant and stated that he had procured the seized injections from the applicant on several occasions through parcel service sent via a bus driver. The memorandum statement of the co-accused 4 has led to the discovery of material facts regarding the source and supply chain of the contraband, which is a relevant circumstance to be considered at this stage. It is further submitted that the investigation reveals the active involvement of the applicant in the illegal trafficking and supply of psychotropic substances and that custodial interrogation of the applicant is necessary for effective investigation and for unearthing the larger network engaged in the illicit trade of narcotic and psychotropic substances. Considering the gravity and seriousness of the offence, the commercial quantity involved, and the embargo contained under the NDPS Act, the applicant is not entitled to the extraordinary relief of anticipatory bail and, therefore, the application deserves to be rejected. 5. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 6. In the light of observation made by the Supreme Court in Anarul SK (supra), and considering the nature and gravity of the allegations, the material available on record, and the submissions advanced by learned counsel for the parties, this Court finds that a commercial quantity of psychotropic substances has been seized from the possession of the juvenile, who, during investigation, specifically disclosed that the seized injections had been procured from the present applicant on several occasions through parcel 5 service. Further the fact that the investigation is still in progress and the role of the applicant in the alleged supply and trafficking of psychotropic substances is required to be thoroughly investigated. At this stage, the material collected by the prosecution prima facie indicates the involvement of the applicant in the alleged offence and the requirement of custodial interrogation cannot be ruled out. I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan