1 CGHC010285672026 2026:CGHC:32707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6842 of 2026 Randeep Singh S/o Dilbag Singh Aged About 21 Years R/o New Khurshipar, Mashal Chowk Sai Mandir, Bhilai, Tehsil And District- Durg, (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Jamul, District- Durg, (CG) ---- Non-Applicant(s) For Applicant : Mr. Sanjay Kumar Agrawal, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/07/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who has been arrested in connection with Crime No.03/2026, registered at Police Station- Jamul, District – Durg (C.G.) for the offences punishable under Sections 8, 21(b) and 27(a) and 29 of the NDPS Act. 2. The case of the prosecution, in brief, is that on 02.01.2026, the Sub- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Inspector of Police Station Jamul, District Durg, received secret information through an informer that certain persons were illegally possessing and selling narcotic substances, namely heroin (chitta) and doda (poppy straw), from a rented house situated near Sai Temple, Dhancha Bhavan, Kurud. Acting upon the said information, the police, after complying with the mandatory provisions of the NDPS Act, reached the spot along with independent witnesses and conducted a search. During the search, co-accused Rajji Kaur and Kishan Singh were found in possession of 33.36 grams of heroin (brown sugar) and 281.85 grams of doda (poppy straw), having a total weight of 315.21 grams, along with cash amounting to ₹8,90,400/-, allegedly being sale proceeds of the contraband, and one Vivo mobile phone, which were seized in accordance with law. During the course of investigation, the memorandum statement of co-accused Rajji Kaur was recorded, wherein she disclosed that she, along with her son Kishan Singh and co-accused Parmeshwar and Mithlesh, was engaged in the business of procuring heroin and doda from one Bire Sardar, a resident of Punjab, and thereafter supplying the same to the present applicant and other co-accused persons for consumption and sale. On the basis of the said disclosure, the present applicant was interrogated and his memorandum statement was recorded, wherein he admitted that he knew the co-accused persons and used to procure heroin (chitta) and doda from them for consumption as well as for sale. Accordingly, the applicant was implicated in the present crime and, after completion of the investigation, a charge-sheet was filed 3 before the competent Court. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant was earlier arrested in connection with Crime No. 02/2026 registered at Police Station Chawni, District Durg, on 02.01.2026 and this Court has already enlarged him on bail in the said case vide order dated 15.04.2026 passed in MCRC No. 1893/2026. He submits that both Crime No. 02/2026 and the present Crime No. 03/2026 were registered on the very same date, i.e., 02.01.2026 and the applicant has unnecessarily been implicated in two separate cases arising out of the same set of circumstances. It is further submitted that, apart from the present case and Crime No. 02/2026, the applicant has two other criminal antecedents, which have been duly disclosed and explained in Part- D (Criminal Antecedents) of the present bail application. Out of the said two cases, one case has already been disposed of on the basis of compromise, while one case under the Arms Act is still pending. He submits that, therefore, the applicant cannot be treated as a habitual offender. It is further submitted that, as per the seizure memo, an amount of Rs. 8,90,400/- and the contraband were recovered from the possession of the other co-accused persons and no recovery whatsoever has been effected from the present applicant. His implication rests solely upon the memorandum statements of the co-accused, which are matters of evidence to be tested during trial. He further submits that the applicant has remained in judicial custody since 02.01.2026, the investigation has 4 been completed and no further custodial interrogation is required. Hence, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the present applicant are grave in nature and there is sufficient material available on record to prima facie establish his active involvement in the commission of the offence. She submits that during the raid, co- accused Rajji Kaur and Kishan Singh were found in conscious possession of 33.36 grams of Heroin (Brown Sugar) and 281.85 grams of Poppy Straw (Doda), having a combined weight of 315.21 grams, along with sale proceeds amounting to Rs. 8,90,400/- and one Vivo mobile phone, which were seized from their possession. She further submits that 33.36 grams of Heroin is an intermediate quantity, being above the small quantity of 5 grams but below the commercial quantity of 250 grams, whereas 281.85 grams of Poppy Straw is also below the commercial quantity of 50 kilograms. She submits that although no contraband was seized from the present applicant, his involvement has surfaced during investigation on the basis of the memorandum statements of the co-accused, wherein it has been specifically disclosed that the applicant used to procure heroin and doda from them for consumption as well as for sale. She further submits that the bail applications of the co-accused persons, namely, Kishan Singh and Mohammad Altaf Qureshi, have already been rejected by this Court in MCRC No. 6745/2026 and MCRC No. 6735/2026 vide orders dated 27.07.2026 and 27.07.2026, respectively, and the case of the present applicant is not 5 distinguishable from that of the said co-accused. She further submits that, apart from the present case, the applicant has three other criminal antecedents, which have been duly disclosed in Part- D (Criminal Antecedents) of the present bail application, Crime No. 02/2026 registered under the provisions of the NDPS Act, which is still pending, and another case registered under the Arms Act, which is also pending and one case has already been disposed of. Thus, the applicant has criminal antecedents of similar nature and cannot claim to be a first-time offender. Considering the gravity of the offence, the material collected during investigation, the criminal antecedents of the applicant and the possibility of his indulging in similar activities if enlarged on bail, she prays that the present bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the submissions advanced by learned counsel for the parties and upon perusal of the case diary, this Court finds that the allegations against the present applicant are serious in nature. The material collected during investigation prima facie reveals that the present applicant was actively involved in the illicit trafficking of narcotic substances along with the other co- accused persons. Although no contraband has been recovered from the possession of the present applicant, his involvement has surfaced during investigation on the basis of the memorandum statements of the co-accused, wherein it has been specifically disclosed that the applicant used to procure heroin (brown sugar) 6 and poppy straw (doda) from the co-accused for consumption as well as for sale. The case diary further reveals that 33.36 grams of heroin (brown sugar), which is an intermediate quantity and 281.85 grams of poppy straw, along with sale proceeds amounting to Rs. 8,90,400/-, were seized during the raid. Further, the bail applications of the co-accused persons, namely, Kishan Singh and Mohammad Altaf Qureshi, have already been rejected by this Court in MCRC No. 6745/2026 and MCRC No. 6735/2026 vide orders dated 27.07.2026, and the case of the present applicant is not distinguishable from that of the said co-accused. This Court also cannot lose sight of the fact that, apart from the present case, the applicant has criminal antecedents, namely, Crime No. 02/2026 registered under the NDPS Act, which is pending, and another case under the Arms Act, as duly disclosed in Part-D of the present bail application. At this stage, considering the nature and gravity of the allegations, the material collected during investigation, the criminal antecedents of the applicant, under the NDPS Act and 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 not inclined to enlarge the applicant on bail. 7. 7. Accordingly, the bail application of applicant – Randeep Singh, involved in Crime No.03/2026, registered at Police Station- Jamul, District – Durg (C.G.) for the offences punishable under Sections 8, 7 21(b) and 27(a) and 29 of the NDPS Act, is rejected. 8. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal