1 / 4 2026:CGHC:27279 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3667 of 2026 Surendar Singh S/o Pramjeet Singh Aged About 27 Years R/o Village Pindanaag Kala, P.S. Majitha, District Amritsar, Punjab Present Address- Near Jaiswal Hotel Transport Nagar, Hathkhoj Police Station Bhilai -03, District Durg C.G. ...Applicant versus State Government Through Station House Officer, Police Station Jamul, District Durg C.G. ... Non-Applicant For Applicant : Mr. Samdarsh Nirankari, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2026 1. This is the Second 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. 18/2025 registered at Police Station – Jamul, District Durg (C.G.), for the offence punishable under Sections 21(b) & 22 of the Narcotic Drugs and Psychotropic Substances Act,1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.03 12:52:46 +0530 2 / 4 2. The earlier bail application of the applicant being MCRC No. 3206 of 2025 was rejected by this Court vide order dated 25.04.2025, on the ground that the present applicant has criminal antecedents. 3. The case of the prosecution, in brief, on 10.01.2025, ASI Ajay Singh, received information from an informer that two people, near an abandoned school located in Atal Awas, Kurud, Jamul are trying to sell Heroin (Chitta), i.e. brown sugar (Diacteylmorphine), and searching for customers. After receiving the said information, the police party went to the spot along with two independent witnesses, Manvendra Singh and Sanjay Yadav. They allegedly seized 9.3 gms. of Heroin (Chitta), i.e. brown sugar (Diacteylmorphine), having a value of approximately 70,000/- from the present applicant, and an electronic weighing machine from the the co-accused Vijendra Paswan. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that one of the independent seizure witnesses, namely Manvendra Singh (PW-3), has already been examined before the learned Trial Court and has not supported the prosecution case and has been declared hostile. It is further submitted that the quantity of the alleged contraband recovered from the applicant is more than small quantity but less than commercial quantity and, therefore, the rigours of Section 37 of the NDPS Act are not attracted. Learned counsel further submits that there has been an unexplained delay of five days in sending the seized sample to the Regional Forensic Science Laboratory, despite the laboratory being situated in the same district, which casts a serious doubt on the prosecution case. It is also contended that there has been non- 3 / 4 compliance with the mandatory provisions of Section 50 of the NDPS Act, thereby vitiating the prosecution case. Learned counsel further submits that the applicant has remained in custody for about one year as an undertrial. Out of the 15 prosecution witnesses cited by the prosecution, only 5 witnesses have been examined so far and, therefore, the trial is likely to take considerable time to conclude despite the direction of this Court for its expeditious disposal. It is also submitted that the co-accused, Vijendra Paswan, has already been granted bail by this Court and, therefore, the present applicant is also entitled to the benefit of parity. The applicant is a permanent resident of the address mentioned in the cause title, has a family to support, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Court. Accordingly, it is prayed that the applicant be enlarged on bail. 5. Learned State counsel opposes the bail application and submits that the present applicant is a habitual offender and has two previous criminal antecedents of a similar nature, namely, Crime No. 97 of 2022 registered at Police Station Majitha, District Amritsar, Punjab, and Crime No. 40 of 2024 registered at Police Station Kabarwala, District Shri Muktsar Sahib, Punjab. Therefore, considering the applicant's involvement in similar offences, he is not entitled to the grant of bail and the bail application deserves to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of 4 / 4 the offence, material available in the case dairy and the fact that the applicant has two criminal antecedent two previous criminal antecedents of a similar nature, namely, Crime No. 97 of 2022 registered at Police Station Majitha, District Amritsar, Punjab, and Crime No. 40 of 2024 registered at Police Station Kabarwala, District Shri Muktsar Sahib, Punjab under the NDPS Act, as such, without expressing any opinion on the merits of the case and no new ground has been raised and further looking to the seriousness of the allegations against the present applicant, this Court is of the considered opinion, that the second bail application of the applicant is entitled to be rejected. 8. Accordingly, the Second bail application of the applicant – Surendar Singh, involved in Crime No. 18/2025 registered at Police Station – Jamul, District Durg (C.G.), for the offence punishable under Sections 21(b) & 22 of the Narcotic Drugs and Psychotropic Substances Act,1985, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of further sex months from the receipt of certified copy of this order in accordance with law, if there is no legal impediment. 10. 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