1 2026:CGHC:7928 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1290 of 2026 Budh Singh S/o Gurvail Singh Aged About 22 Years R/o Noushehra, Dalla, Tarn Taran Noushehra P.S. Sarai Amant Khan District Amritsar (Punjab) (As Per Challan) … Applicant versus State Of Chhattisgarh Through Police Station Purani Bhilai District Durg, Chhattisgarh. … Non-applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 376/2025 registered at Police Station - Purani Bhilai District – Durg (C.G.), for the offence punishable under Section 18(A) & VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.16 11:23:57 +0530 2 27(A) of the NDPS Act. 2. According to the prosecution, on 01.10.2025, acting upon information received from an informer, the police of Police Station Purani Bhilai conducted a search and recovered 48.08 grams of opium from the possession of the applicant. Further, 53.72 grams and 45.83 grams of opium were recovered from the possession of the two co-accused persons respectively. In total, 145.17 grams of opium were seized from all three accused. Thereafter, Crime No. 376/2025 was registered against them and the applicant was arrested in connection with the said offence, following which the investigation was initiated in accordance with law. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present offence and is completely innocent, having neither committed nor participated in the alleged crime, and there is no iota of evidence to connect him with the offence. It is further submitted that the applicant has been in judicial custody since 01.10.2025 and is the sole earning member of his family, due to which his continued detention has caused severe hardship to his dependents. The applicant has no criminal antecedents of a similar nature and is a law-abiding citizen belonging to a respectable family. It is also contended that a total of 145.17 grams of opium has been seized in the case, which is below the commercial quantity as per the relevant notification, and the alleged contraband does not belong to the applicant nor was he carrying it for sale; the implication is based merely on 3 suspicion. There is neither direct evidence nor reliable circumstantial evidence against the applicant. It is further submitted that a co-accused has already been granted bail by the Hon’ble High Court, and on the ground of parity the present applicant is also entitled to bail. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with prosecution witnesses, and he is ready to furnish adequate surety and abide by all terms and conditions that may be imposed by this Hon’ble Court, while reserving liberty to raise additional grounds at the time of final hearing. 4. On the other hand, the learned Panel Lawyer opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that two criminal cases under the NDPS Act are pending against the present applicant, which indicates that he is a habitual offender. Therefore, the present applicant 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 fact that two cases under the NDPS Act are pending against the applicant, which indicates that he is a habitual offender, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & 4 Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court cancelled the bail granted to the accused on the ground of previous criminal antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of the applicant – Budh Singh, involved in Crime No. 376/2025 registered at Police Station - Purani Bhilai District – Durg (C.G.), for the offence punishable under Section 18(A) & 27(A) of the NDPS Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav