1 2025:CGHC:13075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2162 of 2025 Pibana Harijan S/o Rapunga Harijan Aged About 38 Years R/o Village Bireepod, P.S. M. Rampur, District Kalihandi, Odisha. ... Applicant versus State Of Chhattisgarh Through Station House Oficer, Police Station Pendra District Gourella-Pendra-Marwahi, Chhattisgarh. ... Non-applicant For Applicant : Mr. Banhiman Roy, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.362/2024, registered at Police Station Pendra District- Gourella-Pendra-Marwahi (C.G.) for the offence punishable under Sections 20(b) of the NDPS Act. 2. The prosecution story in brief, is that the concerned police station Pendra received secret information through the informant that on KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 date 25.12.2024, unknown persons have kept illegal contraband ganja in their vehicle at near Benderchuwa Amau Road Tiraha, upon such information, police officials reached there and have seized 2.0.72 kg. contraband ganja from place of incident at open place and as a result thereof, police has registered offence publishable under Section 20 (b) of the N.D.P.S. Act against the other accused person and only on the basis of memorandum statement, the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said contraband article has not been seized from the exclusive possession of the applicant. He further submits that from the possession of the co-accused 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 co-accused only 2.0.72 kg of contraband articles i.e. Ganja has been seized. He further submits that the applicant does not known about seized contraband ganja because at the time of incident, he was not present on the spot and he is not owner of the alleged vehicle and only on the basis of merely suspicious he has falsely been implicated. He further submits that the allegation raised against the applicant is false and fabricated because main accused Ajay Kumar Prajapati is having 09 criminal case and he is habitual offender and only on the memorandum statement of main accused, 3 the applicant has falsely been involved in connection of this crime without any sufÏcient reason and the applicant is in jail since 17.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the the applicant has one criminal antecedent under the NDPS Act of the year 2021 and he is a resident of State of Odisha and further the quantity of contraband article which is said to have been recovered from the possession of the applicant, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact 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 co- accused i.e. 2.0.72 Kgs of Ganja and on the basis of the memorandum statement of the co-accused, the present applicant has made accused, so far as the criminal antecedent of the applicant is concerned, the applicant has one previous criminal antecedent under the NDPS Act of the year 2021 and as such, it appears that the present applicant is a habitual offender, further 4 he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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 it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Pibana Harijan involved in Crime No.362/2024, registered at Police Station Pendra District-Gourella-Pendra-Marwahi (C.G.) for the offence punishable under Sections 20(b) of the NDPS Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal