1 CGHC010259662026 2026:CGHC:30186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6341 of 2026 Devcharan Vaishnav S/o Late Krishnadas Vaishnav Aged About 50 Years R/o Village - Konchara, Chowki - Belgahna, Police Station - Kota, District - Bilaspur, (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Kota (Chowki- Belgahna), District- Bilaspur, (C.G.) ... Non-applicant For Applicant : Dr. Arpit Lall, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2026 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. 125/2026 registered at Chowki - Belgahna, Police Station - Kota, District – Bilaspur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in succinct, is that, acting on the basis of a purported informant’s report, on 15.02.2026 the police of Chowki Belgahna conducted a search of the applicant’s residential premises ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.16 15:59:41 +0530 2 situated at Village Konchara. It is alleged that, during the search, the police recovered a white polythene bag concealed beneath a pile of clothes in a green plastic crate kept under the staircase of the house. The said bag allegedly contained 300 grams of contraband Ganja, valued at approximately Rs. 15,000/- along with a small iron weighing scale and a 50-gram weight. On the basis of the said recovery, the police registered Crime No. 125/2026 against the applicant and arrested him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the mandatory provisions relating to search and seizure have not been complied with. He also submits that the applicant has only two criminal antecedents under the NDPS Act and has been in judicial custody since 15.02.2026. As the conclusion of the trial is likely to take considerable time, he prays that the applicant be enlarged on regular bail. 4. On the other hand, the learned Panel Lawyer opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the present applicant has 02 criminal antecedents under the NDPS Act, which shows that the present applicant is a habitual offender. As such, the 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 facts and circumstances of the case and further the the fact that the applicant has 02 criminal antecedents under the NDPS Act, which shows that the present 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, 3 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. Accordingly, the bail application of the applicant – Devcharan Vaishnav, involved in Crime No. 125/2026 registered at Chowki - Belgahna, Police Station - Kota, District – Bilaspur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 Abhishek