1 2025:CGHC:10307 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1679 of 2025 Ismile Qureshi @ Baddu S/o Rahmatulla, Aged About 42 Years, Caste Muslim, R/o New Tikrapara, Godripara, Chirmiri, District M.C.B. (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Chirmiri, District Koriya (Now M.C.B.) (C.G.) ... Non-applicant For Applicant : Mr. Deepak Kaushik, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 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. 108/2024 registered at Police Station –Chirmiri, District Koriya (Now M.C.B.) (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, on the date of incident, i.e. 29/03/2024, PREETI KUMARI Digitally signed by PREETI KUMARI 2 the Police Station Chirmiri, District Koriya (Now M.C.B.) (C.G.) being received some secret information from the informant about the illicit Ganja was kept the present accused/applicant for selling. On that the police raided the spot where the applicant was kept the illicit Ganja of 1.100 kg. Ganja. On being searched made by the police and total 1.100 kg. Ganja was seized by the police from the applicant, thereafter, the police has registered an offence punishable under section 20 (B) of Narcotics Drugs and Psychotropic Substance Act at crime No. 108/2024, thereafter, the investigated the matter. 3. The first bail application filed under Section under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant was rejected vide order dated 17.09.2024 in MCRC No. 6386 of 2024 by this Court on the ground that the applicant is having total 13 criminal antecedents, out of which two are of the year 2021 and 2022 under the NDPS Act which shows that he is a habitual offender and no new ground has been raised in this bail application. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 29.03.2024. He further submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 KGs and from the possession of the applicant only 1.100 Kgs of Ganja has been seized, which is less than the commercial quantity. He also submits that the applicant is having 13 criminal antecedents, but only two of them which are of the year 2021 and 2022 are under the NDPS Act, rest are old and stale, further the mandatory provisions with regard to search and seizure were not complied with in 3 this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned counsel for the State/non-applicant opposes the bail application and submits the applicant is having 13 criminal antecedents, out of which two are of the year 2021 and 2022 under the NDPS Act which shows that he is a habitual offender. As such, the present applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the State and perused the case diary. 7. Taking into consideration the fact that this is the second bail application filed by the applicant and it transpires from the record that the first bail application of the applicant was rejected by this Court vide order dated 17.09.2024 passed in MCRC No. 6386 of 2024 on the ground that the applicant is having 13 criminal antecedents, out of which two are of the year 2021 and 2022 under the NDPS Act which are pending, as such he is a habitual offender 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 the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 8. 8. Accordingly, the second bail application of the applicant - Ismile Qureshi @ Baddu filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 108/2024 registered at Police Station –Chirmiri, District Koriya (Now M.C.B.) (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti