1 2025:CGHC:18596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3134 of 2025 Mahesh Sahu S/o Late Chhedi Sahu Aged About 36 Years R/o Village Nagfani, Police Station Sisai, District Murgu Gumla (Jharkhand) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Masturi, District Bilaspur, (Chhattisgarh) ... Respondent(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 649/2024 registered at Police Station Masturi, District Bilaspur (C.G.), for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Masturi, District Bilaspur (C.G.) seized 2.128 Kgs of contraband article i.e. Poppy (Afim) from the possession of co-accused, Navnoor Singh, which was kept in Truck bearing Registration No.MH-19-Z-7613, thereafter, he was arrested and on the basis of his memorandum statement, present applicant has been arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 06.12.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and submit that the applicant has two criminal antecedents under the NDPS Act and the charge-sheet has been filed in the present case before the competent Court. As such, 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 that the applicant has two criminal antecedents under the NDPS Act, which shows that he is a habitual offender and he has misused the bail granted to him earlier, further charge-sheet has been filed in the present case before the competent Court and 3 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. 7. Accordingly, the bail application of the applicant - Mahesh Sahu, involved in Crime No. 649/2024 registered at Police Station Masturi, District Bilaspur (C.G.), for the offence punishable under Section 18 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil