1 2025:CGHC:17673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2954 of 2025 Harishchandra Yadav S/o Bukechand Yadav Aged About 21 Years R/o Khutapani, Police Station Bagbahar, At Present Resident Of Khadamacha, Bagbahar, District Jashpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Jaynagar, District Surajpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 26/2025 registered at Police Station, Jaynagar, District Surajpur (C.G.), for the offence punishable under Section 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that on 21.01.2025, the Police of Police Station Jaynagar, District Surajpur (C.G.) seized 15.824 Kgs of Ganja from the possession of applicant and other two co- accused persons, were was carried through Car bearing registration No.CG-12-AW-6959, thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant only on the basis of memorandum statement of co-accused persons from whose possession, the said contraband article has been seized, present applicant has been implicated in the case. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. 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 3 more than 20 Kgs and from the joint possession of the applicant and other co-accused persons only 15.824 Kgs Ganja has been seized. He later submits that the applicant has one criminal antecedent under the NDPS Act, in which applicant is on bail, he is in jail since 28.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She would further submit that 15.824 Kgs of Ganja was seized from the joint possession of the applicant and other co-accused persons, which was carried through Car bearing registration No.CG-12-AW- 6959, further the applicant has one criminal antecedent of identical nature in which 1.5 Kgs of Ganja has been seized from his possession, therefore, he is a habitual offender and his bail application is liable to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the case diary, it transpires that the article which has been seized from the joint possession of the applicant and other co-accused persons i.e. 15.824 Kgs of Ganja is less than the commercial quantity, but the applicant has failed to give explanation for the same, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent under the NDPS Act, in which 1.5 Kgs of Ganja has been seized from his 4 possession, though he has been granted bail in the said case, but he is a habitual offender and it cannot be a case of false implication, the trial is in progress. 8. Accordingly, the bail application of the applicant - Harishchandra Yadav, involved in Crime No. 26/2025 registered at Police Station, Jaynagar, District Surajpur (C.G.), for the offence punishable under Section 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil