1 2026:CGHC:26631 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5742 of 2026 Narayan Sonkar S/o Rohit Sonkar Aged About 24 Years R/o Shitla Chowk, Bhatagaon, Police Station Purani Basti, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Purani Basti, District Raipur Chhattisgarh ... Non-Applicant For Applicant : Shri Suresh Tandon, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.114/2026 registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Sections 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 07.03.2026, the police KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.01 16:33:32 +0530 2 of P.S. Purani Basti, District Raipur, received credible secret information that the applicant was standing beneath a banyan tree near Darri Talab, Bhathagaon, carrying psychotropic tablets in his pocket for the purpose of illegal sale and was waiting for prospective customers. Acting upon the information and after complying with the mandatory provisions of the NDPS Act, the police conducted a raid, apprehended the applicant, and recovered 14 strips containing 140 Nitrazepam Tablets weighing 78.4 grams from the right pocket of his trousers. Since Nitrazepam Tablets fall within the ambit of Section 22 of the NDPS Act, an offence was registered and, upon completion of investigation, a charge-sheet was filed against the applicant. The total quantity recovered is 78.4 grams, which is above the small quantity (20 grams) but below the commercial quantity (700 grams) as prescribed under the relevant notification issued under the NDPS Act. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 07.03.2026. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the applicant has no criminal antecedent and the conclusion of trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and 3 submits that the charge-sheet has been filed in the present case. He further submits that the applicant was found in conscious possession of 140 Nitrazepam Tablets weighing 78.4 grams, allegedly kept for the purpose of illegal sale, and was apprehended by the police on the basis of secret information. So far as criminal antecedents of the applicant are concerned, the applicant has four criminal antecedents, as such, he is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, particularly considering that the applicant was found in conscious possession of 140 Nitrazepam Tablets weighing 78.4 grams, allegedly kept for the purpose of illegal sale, though the said quantity of contraband substance was less than the commercial quantity, but the applicant has four criminal antecedents, which has not been disclosed by counsel for the applicant and not even mentioned in the bail application preferred on behalf of the applicant, which show that the applicant is a habitual offender 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. 4 7. Accordingly, the bail application of the applicant - Narayan Sonkar, involved in Crime No.114/2026 registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Sections 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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/- Sd/- (Ramesh Sinha) Chief Justice Barve