Digitally signed by GOURI GOURI MUDALIAR MUDALIAR Date:

2025.12.16

18:28:27 2025:CGHC:60973 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8947 of 2025 Sandeep Kumar Singh S/o Raj Kumar Singh Aged About 33 Years R/o

21, Ghorha, Kalyanpur, Bahri, District Allahabad (U.P.)

... Applicant versus State Of Chhattisgarh Through P.S. Durg Kotwali, District Durg, (C.G.)

... Respondent For Applicant : Shri Pragalbha Sharma, Advocate.

For : Smt. Smriti Shrivastava, PL.

Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

15/12/2025

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. 374/2025 registered at Police Station Durg Kotwali, District Durg, (C.G.) for the offence punishable under Sections 20(b), 21 (a), 20 (b) (II) (c) of Narcotic Drugs and Psychotropic Substances Act 1985.

2.

Case of the prosecution, in brief, is that on 05.08.2025, the Police of Police Station Durg Kotwali received secret information from the informant alleging that two persons namely Mohit Jaiswal & Dubloo Banskar (co-accused) are carrying and selling psychotropic substances near Distt. Hospital, Durg. On the said information, police went to the location and search was carried out and they seized 11.490 Kgs & 9.770 Kgs of psychotropic substances (ganja) from two accused persons (Mohit Jaiswal & Dubloo Bhaskar) total of 21.260 Kgs. Hence the FIR. The present applicant has been implicated only on the basis of memorandum statement given by the two accused person where it has been disclosed that the applicant use to provide the said psychotropic substances to the accused persons.

3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant had no role to play in commission of the alleged offence as there was no recovery or seizure made from the applicant and the investigating authority has seized the substance from co-accused persons and on the mere basis of memorandum the applicant was arrested. He would submit that the present applicant is made accused only on the basis of the statement of the co-accused persons. He also submits that the applicant is in jail since 16/08/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail.

4.

Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case. She would submit that contraband article i.e. total 21.260 Kgs Ganja has been recovered from the possession of the co-accused persons and allegation against the applicant is that he used to provide the said psychotropic substances to the accused persons. She further submits that the applicant is having 01 criminal antecedent under the NDPS Act of the year 2022 registered at Police Station Gauriganj, Janpad Amethi, Uttar Pradesh, as such, he is a habitual offender and is not entitled for grant of bail.

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 fact that contraband article i.e. total 21.260 Kgs Ganja has been recovered from the possession of the co-accused persons and the applicant used to provide the said psychotropic substances to the accused persons, charge sheet has not been filed in this case, applicant is having 01 criminal antecedent under the NDPS Act of the year 2022 registered at Police Station Gauriganj, Janpad Amethi, Uttar Pradesh, as such he is a habitual offender, further he has misused the bail granted to him earlier 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 th