1 2025:CGHC:10876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1765 of 2025 Nikhil Yadav @ Ashu S/o Late Ram Narayan Yadav Aged About 30 Years R/o Shyam Nagar Near Durga Mata Mandir, Raipur District Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer Police Station - Telibandha Raipur, District : Raipur, Chhattisgarh ---- Non-Applicant For Applicant : Mr. Naveen Shukla, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/03/2025 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 862/2024 registered at Police Station Telibandha, District-Raipur (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 31.12.2024, the Police of Police Station Telibandha, Raipur received secrete information KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 through informer which stated that a person bearing blue colour jeans and red color t-shirt and is having white, red color bag in his hand and is standing at Kashiram Nagar Garden near Gandharwa Community Building searching for customers for selling illegal narcotic substance, based on the secrete information, the police ofÏcials reached on the place of incident and has seized total 3.940 Kg of illegal narcotic substance i.e. Ganja from the present applicant. Finding prima facie evidence against the present applicant offence under Section 20(B) of the NDPS Act was registered against him under the crime No. 862/2024 by the police of police station Telibandha Raipur. After completing all the necessary formalities under the Act the prosecution has prepared final report and presented it before the concern trial Court on 03.02.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said contraband (Ganja) was not seized from the exclusive possession of the applicant. He also 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 3.940 kg contraband (Ganja) has been seized. He further submits that the applicant has one criminal antecedent under the NDPS Act, in which he is on bail and in the present case, he is in jail since 31.12.2024 and the conclusion of the trial is likely to 3 take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned State counsel appearing for the State/non-applicant opposes the bail application and submits that the applicant has two criminal antecedents out of which one case is under the NDPS Act of the year 2021 and one case is under the IPC and the charge- sheet has been filed before the competent Court in the present case further the quantity of contraband article seized i.e. 3.940 Kg. As such, the present applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact and circumstances of the the case that in the present case, charge-sheet has been filed before the competent Court and the quantity of contraband article which is said to have been recovered from the possession of the applicant i.e. 3.940 Kgs of Ganja and further the applicant has two criminal antecedents out of which one case is under the NDPS Act of the year 2021 and one case is under the IPC, 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 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. 4 7. Accordingly, the bail application of the applicant – Nikhil Yadav @ Ashu, filed under Section 483 of the BNSS involved in Crime No. 862/2024 registered at Police Station Telibandha, District-Raipur (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Kunal