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2026 DAILYLAW 24092 (CHH)

SMT. DURGA VERMA v. STATE OF CHHATTISGARH

MCRC/5788/2026 · 2026-06-30

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Judgment text

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1 2026:CGHC:26903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5788 of 2026 Smt. Durga Verma W/o Ashwani Verma Aged About 30 Years R/o Village Ghutku Mahamayapara, Police Station Koni, District : Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station City Kotwali Bilaspur, District : Bilaspur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Hemant Kesharwani, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.07.2026 1. The applicant has 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(C), 22(C) 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 Police 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 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.02 19:04:47 +0530 2 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 the present case. He further submits that, as per the charge-sheet filed by the prosecution, the articles seized from the applicant had already crossed their expiry date. However, the prosecution has not produced any report to establish that the seized substances were effective on the date of their seizure. It is further submitted that the applicant has three criminal antecedents, however, he has been acquitted in all those cases. It is also submitted that the charge-sheet has already been filed. The applicant has been in judicial custody since 07.09.2025. He further submits that the statement of the Investigating Officer has already been 3 recorded, and the statement of the accused is yet to be recorded. The conclusion of the trial is likely to take some time. Therefore, he prays that the applicant be enlarged on 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 applicant, which is much more than the commercial quantity. Further the charge-sheet has been submitted. He also submits that the bail application of the co-accused has already been rejected by this Court vide order dated 10.12.2025 passed in MCRC No. 10146/2025. 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 the contraband seized from the joint possession of the present applicant is much more than the commercial quantity, and that the applicant has failed to furnish any explanation in respect thereof, it cannot be said that this is a case of false implication. It is further noted that the bail application of the co-accused persons have already been rejected by this Court vide order dated 10.12.2025 passed in MCRC No. 10146/2025. The charge-sheet has already been filed, the statement of the Investigating Officer has been recorded, and the statement of the accused is yet to be recorded. As the trial is on the verge of its completion, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Smt. Durga Verma involved in Crime No.488/2025, registered at Police Station: City Kotwali, District Bilaspur, Chhattisgarh for the offences punishable 4 under Sections 21(C), 22(C) and 29 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