1 2026:CGHC:7642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 756 of 2026 Devendra Vishwakarma @ Montu S/o Rajesh Vishwakarma Aged About 31 Years R/o Shankar Nagar, Ward No. 11, P S Mohan Nagar District Durg C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P S Mohan Nagar District Durg C.G. ... Respondent(s) For Applicant(s) : Mr. Aman Pandey, Advocate. For Respondent(s) : Mr. Shubham Bajpai, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 222/2025, registered at Police Station 2 Mohan Nagar District Durg (CG) for the offence punishable under Sections 21(A), 27(a) of NDPS Act and Section 112(2) of BNS. 2. Case of the prosecution, in brief, is that on 25.05.2025, Police Station Mohannagar, District Durg registered Crime No. 222/2025 against the applicant/accused Devendra Vishwakarma and other co-accused persons under Sections 21(a) and 27(a) of the NDPS Act and Section 112(2) of the BNS. During the course of investigation, a motorcycle found in the joint possession of the accused persons was searched, and from the dickey thereof, an azure-coloured packet containing 4.55 grams of Brown Sugar was seized, for which the accused failed to produce any valid documents or authorization. Further investigation revealed that the mobile numbers of accused Devendra Vishwakarma and other co-accused were in contact with each other in connection with the purchase and sale of narcotic substances. Upon completion of the investigation, the police prepared Charge-sheet No. 333/25 dated 11.09.2025 and presented the same on 17.09.2025 before the competent Court under the aforesaid sections. It has also been reflected from the record that from the possession of the accused persons, 50 small sky-coloured sachets containing in total 26 grams of Diacetylmorphine (Brown Sugar) were seized. On the basis of these allegations and materials collected during investigation, the prosecution has alleged that the accused persons were involved in the unlawful possession and dealing of narcotic drugs in contravention of the provisions of the NDPS Act. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that there are material contradictions in the statements of the prosecution witnesses recorded under Section 161 of the CrPC. Even if the prosecution case is taken at its face value, the quantity of contraband allegedly seized falls within the intermediate category, i.e., more than small quantity but less than commercial quantity. Therefore, it is submitted that the rigours of Section 37 of the NDPS Act would not be attracted in the present case. He also submits that though the criminal antecedent of the year 2022 under the NDPS Act of the applicant, pointed out by the State counsel is still pending against the applicant, but the applicant is in jail since 25.05.2025 and the mandatory provisions with regard to search and seizure were not complied with in this case, further the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Per contra, learned State counsel opposes the bail application and submit that charge-sheet has been filed in the present case. He further submits that though the contraband substance i.e. 26 grams of Diacetylmorphine (Brown Sugar) were seized from the dickey of motorcycle found in the joint possession of the accused persons, is less than the commercial quantity, but the applicant has one criminal antecedent of the year 2022 under the NDPS Act, as such, the applicant is a habitual offender and his bail application is liable to be rejected. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the record, it transpires that 50 small sachets containing in total 26 grams of Diacetylmorphine (Brown Sugar) were seized from the dickey of the motorcycle found in the joint possession of the accused persons. Though the quantity seized is less than the commercial quantity and falls within the intermediate category, the contraband was allegedly packed in multiple small sachets, which prima facie indicates involvement in illegal trade and distribution of narcotic substances. It is also not in dispute that the applicant has one criminal antecedent of the year 2022 registered under the provisions of the NDPS Act, which is still pending consideration before the competent Court. The involvement of the applicant in a similar nature of offence under the NDPS Act assumes significance at this stage. The said antecedent reflects a prima facie propensity of the applicant to indulge in offences relating to narcotic drugs, 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 is not a fit case to enlarge the applicant on regular bail. 7. Considering the nature and gravity of the offence, the manner in which the contraband was allegedly seized, the pendency of a 5 previous NDPS case against the applicant, and without expressing any opinion on the merits of the case, this Court is not inclined to grant bail to the applicant at this stage. 8. Accordingly, the bail application of applicant-Devendra Vishwakarma @ Montu, involved in Crime No. 222/2025, registered at Police Station Mohan Nagar District Durg (CG) for the offence punishable under Sections 21(A), 27(a) of NDPS Act and Section 112(2) of BNS, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 10. 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 Akhil