1 2026:CGHC:19982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2844 of 2026 Shiv Kumar Tandon S/o Gajraj Tandon Aged About 23 Years R/o House No. 95, Opposite Of Ghasidas Nagar Cricket Ground, Thana Jamul, District Durg, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Jamul, District Durg, Chhattisgarh. ... Respondent For Applicant : Shri Vikash Pradhan, Advocate. For Respondent/State : Shri Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2026 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.216/2024 registered at Police Station Jamul, District-Durg (C.G.) for the offence punishable under Sections 20(b) and 21(C) of Narcotic GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.30 18:37:43 +0530 2 Drugs & Psychotropic Substances, Act. 2. Case of the prosecution, in brief, is that on dated 06.06.2024, Officer in charge of Thana Jamul Namely Keshav Ram Koshle has gone to Nanadani- Jamul road along with staff member for searching the vehicles and during the search proceedings, a brown color Tata Mini Truck bearing Registration no. CG07-CM-2878 driven by the co- accused Dinesh Dahariya, Khilawan Kumar Yadav and present applicant came from Nandani to Jamul and upon search of said vehicle near Bogda Puliya Nandani Road, 150 kg Ganja containing 150 packets was recovered from the backside of it in presence of the witnesses which was kept by him purpose of sale, thereafter police have arrested the applicant and other co accused. 3. Learned counsel for the applicant submitted that the co-accused has been granted bail by the Apex Court in the present matter. He would submit that the applicant is in jail since 06/06/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant 4. On the other hand, learned State Counsel opposes the bail application and submitted that the applicant has already been convicted in a case under the NDPS Act by the coordinate bench of this Court in CRA No.1810/2024 on 19/01/2026 which goes to show that the conviction of the applicant under Section 20(b)(ii)(B) of the NDPS Act was maintained but his jail sentence was reduced to the period already undergone by him i.e. 1 year, 6 months & 7 days, however, the fine and its default stipulation imposed upon applicant by the Trial Court remained intact. He would submit that after being convicted in the said 3 case, applicant has again committed the present offence, therefore he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the fact that the applicant has already been convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in CRA No.1810/2024 by judgment dated 19.01.2026, wherein though the sentence was reduced to the period already undergone, the conviction and fine were maintained, considering the criminal antecedent of the applicant and the fact that after such conviction he is again found involved in a similar offence under the NDPS Act, 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 applicant Shiv Kumar Tandon involved in Crime No.216/2024 registered at Police Station Jamul, District-Durg (C.G.) for the offence punishable under Sections 20(b) and 21(C) of Narcotic 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/- (Ramesh Sinha) CHIEF JUSTICE gouri