[Cites 5, Cited by 0]
Chattisgarh High Court
Amandeep Singh Chhabra vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12163
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2388 of 2026
Amandeep Singh Chhabra S/o Mohan Singh Chhabra Aged About 24
Years R/o Devendra Nagar Sector- 3 D-7, P.S. Devendra Nagar,
District- Raipur (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Digitally
AKHILESH signed by
KUMAR AKHILESH
DEWANGAN KUMAR
DEWANGAN
Tikrapara, District- Raipur (C.G.)
... Respondent(s)
For Applicant(s) : Ms. Anjali Pradhan, Advocate.
For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
1. This is the second bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to
the applicant who has been arrested in connection with Crime No.
735/2024 registered at Police Station Tikrapara, District- Raipur
(C.G.) for the offence punishable under Section 21(C) and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 and Section
25 of Arms Act.
2. Case of the prosecution, in brief, is that the Police Station Tikrapara,
Raipur (C.G.) received secret information, pursuant to which
Shubham Soni was apprehended and a case bearing Crime No.
735/2024 was registered against him under Section 21(b) of the
NDPS Act. During the course of investigation, Shubham Soni
allegedly disclosed in his memorandum statement that he had
purchased the seized pistol from Lokesh Agarwal, on the basis of
which Section 25 of the Arms Act was also added. It is further
alleged in the FIR that Shubham Soni was found in possession of
narcotic substances valued at about Rs. 5,20,000/-, including 31.88
grams of charas, 98 tablets of MDMA weighing 45.08 grams, along
with a pistol and other articles. Accordingly, Shubham Soni was
booked for offences under Sections 21 and 29(b) of the Narcotic
Drugs and Psychotropic Substances Act, 1985 and Section 25 of the
Arms Act. The present applicant has been implicated in the present
case solely on the basis of the memorandum statement of co-
accused Shubham Soni. Hence, the bail application.
3. Learned counsel for the applicant submits that the first bail
application was rejected by this Court on merits vide order dated
21.02.2025 passed in MCRC No.1301 of 2025, therefore this second
bail application is filed on the ground that the applicant is in jail since
25.09.2024, so far as the status of trial is concerned, out of 38
witnesses, statement of 3 witnesses have already been recorded.
She also submits that the conclusion of trial is likely to take some
time, therefore, she prays for releasing the applicant on regular bail.
4. On the other hand, learned State counsel opposes the bail
application and submits that from the possession of the co-accused,
Shubham Soni, a total quantity of 31.88 grams of charas, 98 tablets
of MDMA weighing 45.08 grams, along with a pistol were recovered
worth Rs.5,20,000/- and the said accused in his memorandum
statement disclosed the name of present applicant as his is also
involved in selling of said contraband substance. Therefore, the
applicant is not entitled for the grant of bail.
5. I have heard learned counsel for the parties and perused the case
diary.
6. From the perusal of the case diary, it transpires that contraband
articles worth about Rs. 5,20,000/-, including 31.88 grams of charas
and 98 tablets of MDMA weighing 45.08 grams, along with a pistol
and other articles, were seized from the possession of co-accused
Shubham Soni, the quantity of MDMA seized is above the
commercial quantity as the commercial quantity as commercial
quantity threshold under the NDPS Act for MDMA (MD powder) is
10 grams. The said co-accused has been charged under Sections
21 and 29(b) of the Narcotic Drugs and Psychotropic Substances
Act, 1985 and Section 25 of the Arms Act. The present applicant has
been implicated on the basis of the memorandum statement of co-
accused Shubham Soni. Further, from the material available in the
case diary, it prima facie appears that the present applicant, along
with co-accused Shubham Soni, were involved in selling the alleged
contraband articles, which indicates their active involvement in the
alleged organized illegal trade of narcotic substances, considering
the nature and gravity of the allegations and the quantity of
contraband involved, the Court has rejected the first bail application
of the applicant. So far as the status of trial is concerned, out of 38
witnesses, the statement of 03 witnesses have already been
recorded before the trial Court.
7. So far as the ground of incarceration taken by the applicant is
concerned, the Hon'ble Supreme Court in the matter of Union of
India (UOI) Vs. Vigin K. Varghese (Special Leave Petition (Cri.)
Nos.7768 of 2025 and 11097 of 2025) decided on 13.11.2025 has
observed that in NDPS commercial-quantity cases, long
incarceration cannot, by itself, be a ground for bail.
8. Considering the fact that the first bail application of the applicant was
rejected on merits by this Court, further the fact that trial is in
progress and also in the light of observation made by the Hon'ble
Supreme Court in Vigin K. Varghese (supra) that in NDPS
commercial-quantity cases, long incarceration cannot, by itself, be a
ground for bail, therefore I do not find any good ground to entertain
this second bail application.
9. Accordingly, the second bail application of the applicant- Amandeep
Singh Chhabra, involved in Crime No. 735/2024 registered at
Police Station Tikrapara, District- Raipur (C.G.) for the offence
punishable under Section 21(C) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 and Section 25 of Arms Act, is
rejected at this stage.
10. Needless to say that the trial Court concerned is at liberty to proceed
and concluded the trial expeditiously.
11. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance.
Sd/- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil
