Facts
The applicant filed a second bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), seeking regular bail for offences under Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Source reference: para. 1The applicant was arrested on May 4, 2025, after a police raid at Police Station Civil Line, Raipur, led to the seizure of 8.410 kg of Ganja (cannabis) from his possession.
Source reference: para. 2The applicant contended he was falsely implicated, that the transaction was civil in nature, and that he was the sole breadwinner.
Source reference: para. 3The State opposed the bail, citing a criminal antecedent under the NDPS Act from 2021/2024 in Telangana.
Source reference: para. 4, 6The applicant’s first bail application (MCRC No. 4504 of 2025) was previously rejected on merits on August 22, 2025.
Source reference: para. 6Issues
1. Whether the applicant is entitled to the grant of regular bail despite the rejection of a previous bail application on merits and the existence of a criminal antecedent under the NDPS Act?
Source reference: para. 6, 7Law Applied
Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which penalizes the possession and trafficking of cannabis.
Source reference: para. 1, 7Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, regarding discretionary jurisdiction for bail.
Source reference: para. 1The principle that a second bail application requires the demonstration of new grounds or a significant change in circumstances, especially in cases involving habitual offenders.
Source reference: para. 6Reasoning
The court evaluated the gravity of the offence and the nature of the evidence, specifically the recovery of 8.410 kg of Ganja.
Source reference: para. 2The court observed that the applicant had already had his first bail application rejected on merits by the same High Court in August 2025 and noted that the applicant failed to raise any "new ground" to justify a departure from the previous rejection.
Source reference: para. 6The court placed significant weight on the applicant's criminal history, noting a pending NDPS case in Telangana, which categorized the applicant as a "habitual offender".
Source reference: para. 4, 6Applying these facts to the seriousness of the allegations, the court determined that the interests of justice and the gravity of the charges outweighed the applicant’s personal pleas regarding family hardship and the duration of incarceration.
Source reference: para. 6Holding
The Court answered the issue in the negative; the High Court held that in the absence of new grounds and given the applicant's status as a habitual offender with a pending NDPS antecedent, he did not deserve the concession of bail.
The second bail application was rejected and accordingly dismissed.
Source reference: para. 6, 7Original Court PDF
RATAN SINGHvsSTATE OF CHHATTISGARH
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