Facts
The applicant sought first bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, concerning Crime No. 51/2025
Source reference: para 1On 11.04.2025, police seized 262.258 kg of ganja from a Fortuner car, but the driver escaped
Source reference: para 2On 02.08.2025, based on Cyber Cell information regarding a different vehicle and mobile number, the applicant was intercepted
Source reference: para 2Although no contraband was found on his person or in the intercepted vehicle, he was implicated via a memorandum statement related to the initial seizure
Source reference: para 2The applicant contended he was falsely implicated due to a minor altercation with police and had been in custody since 20.08.2025
Source reference: para 3Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, despite the recovery of a commercial quantity of contraband and the existence of a criminal antecedent
Source reference: para 4, 6Law Applied
Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act regarding the possession and trafficking of ganja
Source reference: para 1Deepak Yadav v. State of Uttar Pradesh & Another (2022) 8 SCC 559, which mandates that bail may be denied or cancelled if the accused has previous criminal antecedents and is considered a habitual offender
Source reference: para 6Reasoning
The Court weighed the applicant’s defense—that no contraband was recovered from his immediate possession and that he was implicated solely on a memorandum statement—against the gravity of the offense
Source reference: para 3, 6The Court noted that the quantity seized (262.258 kg) significantly exceeds the commercial threshold
Source reference: para 6Crucially, the prosecution highlighted that the applicant had a prior criminal record under the NDPS Act in Bhopal, Madhya Pradesh, classifying him as a habitual offender
Source reference: para 4, 6The Court observed that the applicant had misused bail granted in previous proceedings
Source reference: para 6Applying the Deepak Yadav precedent, the Court reasoned that the combination of a commercial quantity of narcotics and the applicant's criminal history outweighed the arguments for his release
Source reference: para 6Holding
The Court answered the issue in the negative, holding that it is not a fit case to enlarge the applicant on regular bail due to the commercial quantity of the contraband and his status as a habitual offender
The bail application was rejected
Source reference: para 6The trial court was directed to expedite the trial and a certified copy of the order was sent for compliance
Source reference: para 7, 8Original Court PDF
OMPRAKASH BHADUvsSTATE OF CHHATTISGARH
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