1 CGHC010175892026 2026:CGHC:30974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4370 of 2026 Ramkrishna Tiwari S/o Hindlal Tiwari Aged About 29 Years R/o Village Bairiya Riva M.P., Present Add. Siltara, Bhatapara, Near Durga Mandir, P.S. Dharsiva Dist Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Office, Police Station- Tikrapara District Raipur (C.G.) .. Non-applicant For Applicant : Mr. Shalvin Sharma Advocate on behalf of Mr. Vikas Upadhyay, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2026 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. 113/2026 registered at Police Station - Tikrapara, District – Raipur (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, on 09.02.2026, a secret information was received from an informant that, near Bus Stand, Bhatagaon, a woman ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.22 16:49:27 +0530 2 was engaged in selling illegal contraband (ganja) to persons coming from outside. Acting upon the said information, the police staff of Police Station Tikrapara, Raipur, proceeded to the spot and conducted a raid, during which one woman and two boys were found under suspicious circumstances. Upon search, illegal contraband ganja was allegedly recovered from their possession, which was kept in separate bags, and a seizure memo was prepared on the spot in accordance with law. The seized contraband was weighed using an electronic weighing machine, and the total quantity of ganja was found to be approximately 5.938 kilograms. During interrogation, accused Pinki Harijan allegedly disclosed that the seized contraband had been supplied by co-accused Ramkrishna Tiwari for the purpose of sale. On the basis of the said memorandum statement, the present applicant, Ramkrishna Tiwari, was implicated in the case. Thereafter, an offence under Section 20(b) of the NDPS Act was registered against the accused persons. The seized contraband was sent for chemical examination, which confirmed it to be ganja. Upon completion of the investigation, the charge-sheet was filed before the competent Court. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the present applicant has no criminal antecedents and the applicant has been in jail since 09.02.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned Panel Lawyer opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that the present applicant 3 has 06 criminal antecedents, out of which 01 case is registered under the NDPS Act, which indicates that the applicant is a habitual offender. Therefore, it is submitted that 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 06 criminal antecedents, out of which 01 case is registered 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, 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 – Ramkrishna Tiwari, involved in Crime No. 113/2026 registered at Police Station - Tikrapara, District – Raipur (C.G.), for the offence punishable under Section 20(b)(ii) (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