1 2026:CGHC:22901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4548 of 2026 Nihal Rai S/o Krishna Kumar Rai Aged About 20 Years Residence Of 7a, Street 03, Sector 1, Bhilai District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer P.S. Khursipar Bhilai District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Amit Kumar Jaiswal, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.02/2026, registered at Police Station Khursipar Bhilai District- Durg (C.G.) for the offence punishable under Sections 8, 21(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The prosecution story, in brief, is that on 02.01.2026, Assistant Sub-Inspector Tulsi Binjhekar of Police Station Khursipar received credible information from an informant that accused Mithlesh Pathak and Parmeshwar Thakur were illegally selling narcotic substance (heroin) near Mini Stadium, Sulabh, Dabarapara, Khursipar for unlawful gain. Acting upon the said information, the police team, along with staff and independent witnesses, proceeded to the spot, conducted a raid, and apprehended the said accused persons. Upon search, heroin was recovered from their possession. During the course of investigation, memorandum statements of the accused persons were recorded, wherein they disclosed that they used to procure heroin from one Bire Sardar in Punjab at the instance of Rajji and Kishan Kumar. It was further stated that the heroin was supplied to Rajji and Kishan Kumar, who in turn provided heroin and money to the accused persons, which they used to sell to the present applicant and other co-accused persons. It was also revealed that all the accused persons used to consume drugs together in a group and assemble near the stadium wall. Based on the said disclosure statements, the present applicant and other co-accused persons were apprehended and from their separate possession, a total of 18.370 grams of heroin along with cash was seized. The seized substance was found to contain diacetylmorphine (heroin), which is a narcotic substance. As per Schedule-I of the Narcotic Drugs and Psychotropic Substances Act, 1985, diacetylmorphine is 3 categorized as a narcotic drug, wherein small quantity is prescribed as 5 grams and commercial quantity as 250 grams. On the basis of the said investigation, the present applicant was arrested on 02.01.2026 for offences punishable under Sections 8, 21(b) and 27(a) of the NDPS Act, hence this bail application. 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 the police has not seized psychotropic substance from the exclusive possession of the applicant. So far criminal antecedents of the applicant is concerned, he has 03 previous criminal antecedent registered against, out of which, one is under the NDPS Act of year 2025 pending against him and all of them have been explained in detail in para 4(a) of the bail application. Further, the applicant is languishing in jail since 02.01.2026 and it may take some time to conclude the trial, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that from the possession of applicant and other co-accused persons, total 18.370 gms of heroin has been seized and further, so far as criminal antecedents of the applicant is concerned, the applicant has 03 previous criminal antecedents registered against him, out of which, one is under the NDPS Act of year 2025 pending against him, which itself shows that applicant is a habitual offender, hence his bail application is 4 liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the fact that the applicant is having 03 previous criminal antecedents, one is under the NDPS Act of year 2025 pending against him, which itself shows that applicant is a habitual offender, the quantity of contraband article seized i.e. 18.370 gms of heroin and also in light of the judgment rendered by the Hon’ble 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, though the applicant is languishing in jail since 02.01.2026, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Therefore, the bail application filed by the applicant/accused – Nihal Rai involved in Crime No.02/2026, registered at Police Station Khursipar Bhilai, District- Durg (C.G.) for the offence punishable under Sections 8, 21(b) and 27(a) 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. 5 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal