1 2026:CGHC:17280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3405 of 2026 Arvind Jain @ Annu S/o Raju @ Rajendra Jain Aged About 36 Years R/o Bhagat Singh Ward, Ward No. 04, Police Station - Ratanpur, Tahsil And District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Ratanpur, District Bilaspur Chhattisgarh ... Respondent For Applicant : Shri Chandrikaditya Pandey, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2026 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.113/2026 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotics GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.17 14:53:21 +0530 2 Drugs & Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that on 14.02.2026, the police of Police Station Ratanpur received secret information that the present applicant is selling small packets of psychotropic substance Ganja from his grocery shop, keeping the same in a black colour plastic carry bag on the counter of the shop. On the basis of secret information, the police conducted raid after some formalities has disclosed the information to the independent witnesses, sent the information to SDOP Kota, and reached at the shop of the present applicant and found him in the shop. A notice was given to him for taking consent for search and seizure, thereafter, psychotropic substance Ganja which were kept in total 59 pieces of small packets, out of which, 4 pieces were taken out for identification of the substance. It is alleged that the total 59 packets were 225 grams amounting to Rs. 2500/-. The articles were seized, present applicant was arrested after some investigation and Dehati Nalsi (FIR on Zero) was lodged which was subsequently registered as Crime No.113/2026 under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 on 14.02.2026 and further investigation was going on. During course of further investigation, the police recorded statement of the prosecution witnesses, received the FSL report regarding Ganja was found, and after completion of entire investigation, charge-sheet has been filed before Judicial Magistrate First Class, Kota, District Bilaspur (C.G.) on 24.03.2026. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 14/02/2026. 3 He further submits that from the shop of the applicant intermediate quantity of the 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 shop of the applicant only 225 grams of Ganja has been seized, which is less than the commercial quantity. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time, therefore he prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and submit charge-sheet has been filed in the present case before the competent Court. She would submit that from the shop of the applicant 225 grams of Ganja has been seized. She would further submit that the applicant has three criminal antecedents, out of which two cases are under the NDPS Act which are pending and one case is under Section 307 IPC, as such, the applicant is a habitual offender and he 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, further the fact that from the shop of the applicant only 225 grams of Ganja has been seized, which is less than the commercial quantity but considering the fact that the applicant has three criminal antecedents, out of which two cases are under the NDPS Act which are pending, as such he is a habitual offender and also in light of the judgment rendered by the 4 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, therefore this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant - Arvind Jain @ Annu, filed under Section 483 of BNSS, involved in Crime No.113/2026 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotics Drugs & Psychotropic Substances Act is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri