1 2025:CGHC:57536 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7677 of 2025 Gurudev Singh Birk S/o Suveg Singh Aged About 54 Years Mohkam Wala Alias Araiya Wala P.S. Makhu, Tehsil Ziea, Distt. Ferozpur, Punjab ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Mohan Nagar, Distt. Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Aman Pandey, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.11.2025 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. 147/2025 registered at Police Station – Mohan Nagar District – Durg (C.G.), for the offence punishable under Section 21(B) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.27 17:36:15 +0530 2 2. The prosecution story in brief is that, on a secret information that one person is standing near Krishi Upaj Mandi with intention of selling contraband and on the basis of the said information a raid was conducted and the applicant along with other co-accused was apprehended and a total of 150 gms of Heroine was alleged to be seized from the present applicant. It is submitted that after completion of investigation, the Police has filed charge-sheet and as per the FSL report the seized contraband contained Di-Acetyl Morphine. 3. Learned counsel for the applicant submits that the applicant is an innocent person. He further submits that there is no material collected by the prosecution to connect him with the commission of the alleged offences, and he has been falsely implicated without any evidence. There are glaring inconsistencies in the statements of prosecution witnesses recorded under Section 161 CrPC. The Police of P.S. Mohan Nagar has also failed to follow the mandatory procedures prescribed under the NDPS Act, and there is a clear break in the chain of custody of the alleged contraband, which materially affects the prosecution case. Even assuming the prosecution case to be true, the seized contraband falls under intermediate quantity above small quantity but below commercial quantity thereby making Section 37 of the NDPS Act inapplicable, especially when the commercial quantity for the alleged contraband is 150 grams. The applicant is a permanent resident of the address mentioned in the cause title and undertakes that he will not abscond or tamper with the prosecution evidence and is willing to comply with any conditions imposed by this Hon’ble Court. The applicant has already undergone more than eight months of incarceration despite being innocent, which is causing serious hardship 3 to his physical and mental health. He has no past criminal record, is a law-abiding citizen, and no ingredients of the alleged offence are made out against him, rendering the prosecution case baseless and frivolous. Since the charge-sheet has already been filed and applicant is in jail since 18.04.2025, therefore, he prayed for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that in the present case, the charge-sheet has already been filed before the competent Court. It is further submitted that, on receiving secret information that a person was standing near the Krishi Upaj Mandi with the intention of selling contraband, a raid was conducted, during which the applicant, along with other co-accused persons, was apprehended, and a total of 150 grams of heroin was allegedly seized from the possession of the present applicant. He further submits that the applicant has two prior criminal antecedents under the NDPS Act, which indicate that he is a habitual offender, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, it is noted that on receiving secret information regarding a person standing near the Krishi Upaj Mandi with the intention of selling contraband, a raid was conducted, during which the applicant, along with other co- accused persons, was apprehended, and a total of 150 grams of heroin was allegedly seized from his possession. It is further noted that the applicant has two prior criminal antecedents under the NDPS Act, 4 indicating that he is a habitual offender. The seizure of such a substantial quantity of contraband prima facie indicates the applicant’s involvement in illicit trafficking of narcotic substances, attracting the statutory restrictions under Section 37 of the NDPS Act. In view of the above, this Court is of the considered opinion that the applicant is not entitled to be enlarged on bail at this stage. The case of the applicant is distinguishable from that of the co-accused, whose bail application has been allowed, as he has no criminal antecedents under the NDPS Act. 7. Accordingly, the bail application of the applicant is hereby rejected. 8. Accordingly, the bail application of the applicant – Gurudev Singh Birk involved in Crime No. 147/2025 registered at Police Station – Mohan Nagar District – Durg (C.G.), for the offence punishable under Section 21(B) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of BNS 2023, is rejected. - Sd/- (Ramesh Sinha) Chief Justice vaibhav