1 2026:CGHC:2578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10218 of 2025 Radha Prasad Jaiswal S/o Mukhlal Prasad Aged About 67 Years R/o Jaiswal Dhaba Durti Ps Pratappur District- Surajpur (C.G.) Permanent R/o Murgu, PS Sisai District- Gumla Jharkhand. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Purani Bhilai Distt.- Durg (C.G.) ... Respondent For Applicant : Shri Aman Pandey, Advocate. For Respondent/State : Ms. Sameeksha Gupta, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2026 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.376 of 2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.19 19:20:26 +0530 2 Purani Bhilai Distt.- Durg (C.G.) for the offence punishable under Sections 18(a) and 27(a) of NDPS Act, 1985. 2. Case of the prosecution, in brief, is that on 01.10.2025, the Police Authorities received credible information from an insider source that in Hyundai Aura Car bearing No. CG07CY66675 three persons are keeping afeem (opium) with the intent of selling the same in Bhilai. On raid being conducted co-accused Luvpreet Singh, Hardeep Singh and Budhsingh were apprehended and a total of 147.63 grams were seized from their possession. After their arrest, in their memorandum, they informed that the aforesaid contraband was purchased by them from the present Applicant therefore, he was implicated in the commission of the present offence. 3. Learned counsel for the applicant submitted that no recovery of any contraband article i.e. afeem (opium) has been made from the possession of the applicant and from the co-accused persons contraband article afeem (opium) 147.63 grams which was recovered was less than the commercial quantity and allegation against the present applicant is that he had sold the said contraband article afeem (opium) to the said co-accused persons. 4. It has further been pointed out by the learned State counsel that there is one case of the year 2016 which is under the NDPS Act, pending against the applicant in the State of Jharkhand to which learned counsel for the applicant submits that in that case out of 3 14 prosecution witnesses, 10 prosecution witnesses have been examined and he states that he had a bypass surgery and he is aged about 67 years and his wife is also suffering from cancer, hence he be enlarged on bail ignoring the fact that case under the NDPS Act is pending against him. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, further the allegation against the present applicant is that he had sold contraband article afeem (opium) 147.63 grams to the co-accused persons which is less than the commercial quantity but considering the fact that there is one case under the NDPS Act of the year 2016 pending against the applicant 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Radha Prasad Jaiswal involved in Crime No.376 of 2025 registered at Police Station Purani Bhilai Distt.- Durg (C.G.) for the offence punishable under Sections 18(a) and 27(a) of NDPS Act, 1985, is rejected. 8. However, this Court hopes and trusts that the trial Court shall 4 make an earnest endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. 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