1 2025:CGHC:54269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8839 of 2025 Harpal Singh S/o Late Sukhdev Singh Aged About 27 Years R/o Road No. 18 Near Sangram Chowk Ward No. 02, Camp- 1 Vaishali Nagar, Tehsil And District- Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Durg Kotwali, District- Durg, Chhattisgarh ... Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate. For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.172/2025, registered at Police Station- Durg Kotwali, District- Durg, (C.G.) for the offences punishable under Sections 21(A) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, on 22 April 2025, Inspector Vijay PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.07 15:27:44 +0530 2 Kumar Yadav of Durg Kotwali Police Station received a tip-off that three persons — Vishal Singh, Birendra @ Bira Pardhi, and Atul Kumar — were selling a narcotic substance known as Chitta (Heroin) near Shivnath River, Mahamara Road, Municipal Corporation Room, Durg, for illegal profit. Acting on this information, the police conducted a raid, apprehended the suspects, and recovered 76.69 grams of Chitta (Heroin) from their possession. Further investigation revealed that the present applicant was also involved in the said crime. During the course of investigation, statements of the accused were recorded under Section 27 of the Evidence Act. Thereafter, the accused were charged with offences punishable under Sections 22(A) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant was arrested on 25 April 2025 by Durg Kotwali Police Station, District Durg, Chhattisgarh, for the alleged offences punishable under Sections 22(A) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 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. He further submits that there is no recovery of any contraband article from the possession of the present applicant, further the applicant has one previous criminal antecedent under the NDPS Act which is pending. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 25.04.2025. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 3 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant has one previous criminal antecedents under the NDPS Act which shows that he is a habitual offender. Hence, his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further the fact that there is no recovery of any contraband article from the possession of the present applicant and the charge-sheet has been filed in this case, further the fact that the applicant has one previous criminal antecedents under the NDPS Act which shows that he is a habitual offender and it cannot be said to be a case of false implication and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, 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 – Harpal Singh involved in Crime No.172/2025, registered at Police Station- Durg Kotwali, District- Durg, (C.G.) for the offences punishable under Sections 21(A) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 4 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