1 2026:CGHC:15624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3018 of 2026 Radha Prasad Jaiswal S/o Mukhlal Prasad, Aged About 67 Years R/o Jaiswal Dhaba Durti Ps Pratappur District Surjpur (C.G.), Permanent Resident Of Murgu, Ps Sisai, District Gumla Jharkhand. ... Applicant(s) versus State Of Chhattisgarh Through- The Station House Officer, Police Station Purani Bhilai, District Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Harsh Verma, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.04.2026 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 376/2025, registered at Police Station Purani Bhilai, District Durg (CG) for the offence punishable under 2 Sections 18(a) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on the basis of secret information, the police of Police Station Purani Bhilai reached near Engineering Park, behind Badrinath Dharmkanta, and conducted a raid on a white Hyundai Aura car, wherein three persons were found in possession of illegal opium for the purpose of sale. Upon search, a total of 147.63 grams of opium (commercial quantity) was recovered from the possession of co-accused persons. During interrogation, the co-accused disclosed in their memorandum statements that the contraband was purchased from the present applicant, Radha Prasad Jaiswal, who is alleged to be involved in the illicit trade and financing of narcotic substances in connivance with other accused persons. Accordingly, offence under Sections 18(A), 27(A) and 29 of the NDPS Act was registered and investigation is in progress. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 15.01.2026 in MCRC No.10218 of 2025, therefore this second bail application is filed on the ground that the applicant is in jail since 12.11.2025, so far as status of trial is concerned, out of 16 witnesses, the statement of only 02 witnesses have been recorded and the trial is likely to take 3 some time for its conclusion. He further submits that the applicant has undergone heart surgery and has annexed the relevant medical documents pertaining to the said ailment as Annexure A/5 to the bail application, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the present applicant is a resident of Jharkhand and, apart from the present case, he is also facing trial in another case under the NDPS Act pertaining to the year 2016 in the State of Jharkhand, which is still pending. He further submits that after rejection of the first bail application of the applicant by this Court on 15.01.2026, the applicant preferred a Special Leave Petition bearing SLP (Crl.) No. 3492 of 2026 before the Hon’ble Supreme Court, which came to be dismissed vide order dated 09.03.2026. As such, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From a perusal of the record, it transpires that the present application is the second bail application filed by the applicant. The first bail application was rejected by this Court vide order dated 15.01.2026 passed in MCRC No. 10218 of 2025 on the ground that the applicant has a criminal antecedent under the NDPS Act in the State of Jharkhand. Thereafter, the applicant 4 preferred a Special Leave Petition bearing SLP (Crl.) No. 3492 of 2026 before the Hon’ble Supreme Court, which came to be dismissed vide order dated 09.03.2026. On a pointed query being made to counsel for the applicant regarding the status of case under NDPS Act in the State of Jharkhand, it has been submitted that the trial in the said case is still pending and, out of 16 witnesses, statements of only 2 witnesses have been recorded. Thus, considering the aforesaid facts, this Court is of the opinion that the applicant appears to be a habitual offender and, in view of the bar contained under Section 37 of the NDPS Act, this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of the applicant-Radha Prasad Jaiswal, involved in Crime No. 376/2025, registered at Police Station Purani Bhilai, District Durg (CG) for the offence punishable under Sections 18(a) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil