1 CGHC010268742026 2026:CGHC:32109 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6411 of 2026 Bunty Shaha S/o Nihar Ranjan Shaha Aged About 44 Years R/o - Kabir Nagar Raipur, House Number -K B T/ 32, Police Station Kabir Nagar, District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P. S. Padmanabhpur District - Durg (C.G.) ... Non-applicant(s) For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 522/2025, registered at Police Station-Padmanabhpur District-Durg (C.G.) for the offence punishable under Sections 20(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution case, in brief, is that on 10.12.2025, the police of Police Station Padmanabhpur, District Durg, received secret KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information through an informer that the present applicant, along with other co-accused, was engaged in the illegal sale of ganja near the Raipurnaka Over Bridge, Durg. Acting upon the said information, the police party reached the spot, laid a trap and apprehended co-accused Suman Pandey Barle and Mukesh Mishra. During search, 1.502 kilograms of ganja, a mobile phone and an Activa vehicle were allegedly recovered from the possession of co-accused Suman Pandey Barle, whereas 860 grams of ganja and cash amounting to ₹700/- were allegedly recovered from the possession of co-accused Mukesh Mishra. During investigation, both the co-accused disclosed in their memorandum statements that they had purchased the contraband from the present applicant. Thereafter, on 14.12.2025, the present applicant was apprehended near Raipurnaka Railway Crossing, Durg, and 2.00 kilograms of ganja, a mobile phone, an Activa vehicle and cash amounting to ₹55,200/- alleged to be sale proceeds were recovered from his possession. After completion of the investigation, charge-sheet has been filed against the applicant for the offences punishable under Sections 20(b) and 27(a) of the NDPS Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and said contraband (Ganja) was not seized from the conclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant less than intermediate quantity of the 3 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 2.00 kilograms of ganja, a mobile phone, an Activa vehicle and cash amounting to ₹55,200/- has been seized. It is further submitted by the learned counsel for the applicant that the applicant has only criminal antecedents and all are still pending as explained is in jail since 10.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has one criminal antecedent under the NDPS Act, which is still pending as such, the present applicant is a habitual offender and he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the competent Court and the quantity of contraband article which was recovered from the possession of the applicant i.e. 2.00 kilograms of ganja, a mobile phone, an Activa vehicle and cash amounting to ₹55,200/- and so far as the criminal antecedents of the applicant is concerned 4 as stated by learned State counsel, the applicant has one criminal antecedent under the NDPS Act of the year 2025, which is still pending as such, the present applicant is a habitual offender, further he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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 applicant – Bunty Shaha, involved in Crime No. 522/2025, registered at Police Station-Padmanabhpur District-Durg (C.G.) for the offence punishable under Sections 20(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal