1 2025:CGHC:9170 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 86 of 2025 Balram Janghel S/o Surit Janghel Aged About 50 Years R/o Village Arasnara, Police Station Nandini Nagar, District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through District Magistrate, District Durg (C.G.) ... Non- Applicant For Applicant : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.298/2024, registered at Police Station- Nandini Nagar, District Durg (C.G.) for the offences punishable under Section 20 B of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that on 11.12.2024 the Assistant Sub Inspector, namely, Surajbhan Singh concerned Police Station PREETI KUMARI Digitally signed by PREETI KUMARI 2 Nandini Nagar, District – Durg has received a secret information through informant that the applicant is having the contraband (Ganja) in village Arasnara Durg Dhamdha main road near Bargad tree for the purpose of sale. As per above information, the concerned Police reached on spot and search enquiry has been started. After asking from the applicant that behind shop of Chatru Sahu upon the roof containing one white colour of polythin illegal having intoxicate material contraband (Ganja) in his possession total 560 Grams and also found a sum of Rs. 900/- from the packet of paint of applicant and same has been recovered from the possession of applicant and no document has been kept in respect of article i.e. contraband (Ganja). Thereafter, the concerned Police of Police Station investigated the matter and registered the crime against the present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has one previous criminal antecedents under the NDPS Act in which he has been granted bail by the coordinate Bench of this Court vide order dated 26.06.2023 passed in MCRC No. 1763/2023. It is further submitted that the charge-sheet has not been filed in this case. The applicant is in jail since 11.12.2024. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 560 Grams and also found a sum of Rs. 900/- from the possession of applicant, which is 3 less than the commercial quantity. It is further submitted that the charge-sheet has not been filed in this case. It is further submitted that the applicant has one previous criminal antecedents under the NDPS Act of the year 2023. Hence, his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further the fact that the quantity of contraband articles total of 560 grams of ganja has been seized, which is less than the commercial quantity and the charge-sheet has not been filed in this case, further the applicant has one previous criminal antecedents under the NDPS Act of the year 2023 in which he is on bail which shows that the applicant is a habitual offender and it cannot be said to be a case of false implication 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 it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Balram Janghel involved in Crime No.298/2024, registered at Police Station- Nandini Nagar, District Durg (C.G.) for the offences punishable under Section 20 B of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this 4 stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti