1 2025:CGHC:18130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3039 of 2025 Bhojlal Dongre @ Harijan S/o Kameshwar Harijan Aged About 29 Years At Koliyapadar, Gram Panchayat Kurabeda, Police Station And Tehsil Raighar, District Navrangpur, Odisha. ... Applicant versus State Of Chhattisgarh Through Police Station Maakdi, Kondgaon Chhattisgarh. ... Respondent For Applicant : Shri Akash Mishra, Advocate through VC. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2025 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 grant of regular bail to the applicant who has been arrested in connection with Crime No.3/2025 registered at Police Station Maakdi, Kondagaon (C.G.), for the offence punishable under Section 20(b) of NDPS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 19:08:00 +0530 2 3. Case of the prosecution, in brief, is that the investigating ofÏcer received classified information whereafter while conducting raid, he seized 2.845 kgs of Ganja from the applicant, thereafter case has been registered against the applicant. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 31/01/2025. He further 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 more than 20 kgs and from the possession of the applicant only 2.845 kg of Ganja has been seized, which is less than the commercial quantity. He also 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. 5. Learned State counsel would oppose the bail application and submit that the applicant has one criminal antecedent of the year 2021 under the NDPS Act in Odisha, further the charge-sheet has been filed in the present case before the competent Court. As such, the present applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the fact that the applicant has one criminal antecedent of the year 2021 under the NDPS Act in Odisha and the charge-sheet has been filed before the competent Court in the present case and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State 3 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 it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant - Bhojlal Dongre @ Harijan, filed under Section 483 of BNSS, involved in Crime No. 3/2025 registered at Police Station Maakdi, Kondagaon (C.G.), for the offence punishable under Section 20(b) of NDPS Act, is rejected. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri