1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2749 of 2025 • Heeralal Sahu S/o Late Motilal Sahu Aged About 65 Years R/o Village Amaldiha, Post Paraswar, Police Station Bahri, District Sidhi (M.P.) ... Applicant versus • State of Chhattisgarh Through Station House Office The Police Station Purani Basti Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Basant Kaiwartya, Advocate For Non- applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 472/2024 registered at Police Station – Purani Basti, Raipur District – Raipur (C.G.) for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2 3. Case of the prosecution, in brief, is that the police of Police Station – Purani basti Raipur, District – Raipur (C.G.) has received a secret information through the informant and on the basis of such information, the police has seized a total of 6.970 Kgs of Ganja from the possession of the present applicant. Thereafter, the applicant was arrested and the crime has been registered by the police. 4. First bail application of the applicant was rejected by this Court vide order dated 02.01.2025 passed in MCRC No.9069/2024. 5. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that charge-sheet has been filed in this case and applicant is in jail since 07.11.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 6. On the other hand, learned State counsel, opposes the bail application and submits that a total of 6.970 Kgs of Ganja has been seized from the possession of the present applicant. She further submits that there are 10 criminal antecedents of the applicant, out of which 1 is under the NDPS Act and 5 are under the Excise Act. Thus, the bail application deserves to be rejected. 7. I have heard learned counsel for the parties and perused the case diary. 3 8. Taking into consideration the fact that the quantity of contraband articles Ganja seized from the possession of the applicant i.e., 6.970 Kgs, and the charge-sheet has been filed in this case, further that there are 10 criminal antecedents of the applicant out of which 1 is under the NDPS Act and 5 are under the Excise Act, for which no any plausible explanation has been given and 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 it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, this second bail application of applicant – Heeralal Sahu involved in Crime No. 472/2024 registered at Police Station – Purani Basti, Raipur, District–Raipur (C.G.) for the offence punishable under Sections 20(B) of the NDPS Act, is rejected at this stage. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) vaishali Chief Justice VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.09 16:00:26 +0530