1 CGHC010154122026 2026:CGHC:27758 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3745 of 2026 Arun Jal S/o Arjun Jal Aged About 37 Years R/o Village - Hiraloi, Police Station - Kisinda, District - Sambalpur (Odisha) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Tikrapara, District - Raipur (C.G.) ... Respondent For Applicant : Ms. Divya Sahu, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/07/2026 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.115/2026 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.08 14:43:49 +0530 2 Tikrapara, District - Raipur (C.G.) for the offence punishable under Section 20(b) of N.D.P.S. Act, 1985. 2. Case of the prosecution, in brief, is that on 09.02.2026, Police Station Tikrapara received a secret information from a informant that near Bus Stand Bhathagaon, a person has kept psychotropic substance Ganja and is roaming to search customers. Based on information received from an informant, the Police Station Tikrapara conducted raid and conducted a search of the accused namely Arun Jal. Upon searching him, a recovery of a total of 7 kilograms Ganja was made which was kept in blue colour trolley bag in 7 packets. In connection with the incident, First Information Report bearing Crime No. 115/2026 was registered for an offence under Sections 20(b) of the NDPS Act. The applicant was arrested and investigation was initiated. Upon completion of the entire investigation, the charge sheet has been filed. 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. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 7 Kgs of Ganja has been seized. 3 It is further submitted that he is in jail since 09/02/2026 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is having 12 criminal antecedents, out of which 8 cases are under the Excise Act and 4 cases are under the IPC and no explanation has been given in the bail application for the aforesaid criminal antecedents, as such, he is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further considering the fact that applicant is having 12 criminal antecedents, out of which 8 cases are under the Excise Act and 4 cases are under the IPC, as such he is a habitual offender, further he has misused the bail granted to him earlier 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, therefore this Court is of the opinion 4 that this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Arun Jal, involved in Crime No.115/2026 registered at Police Station Tikrapara, District - Raipur (C.G.) for the offence punishable under Section 20(b) of N.D.P.S. Act, 1985, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri