1 2025:CGHC:2067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 276 of 2025 Shekh Salman S/o Shekh Jallu, Aged About 28 Years, R/o Village Barela Ps Jarhagaon, District - Mungeli (C.G.). ... Applicant versus State of Chhattisgarh Through - S H O City Kotwali, Kotwali Distt. Mungeli (C.G.). ... Non-Applicant For Applicant : Mr. Dheerendra Pandey, Advocate. For Non-Applicant/State : Ms. Sudha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.494/2024, registered at Police Station: City Kotwali, Kotwali Distt. Mungeli, Chhattisgarh for the offences punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, on 30.11.2024 ASI Kamalphul Sahu has received a secret information from mukhbir in which Information was received to this effect that a person is looking for a customer to sell PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.14 17:50:39 +0530 2 illegal narcotic tablets kept in an ochre-colored polythene bag near the new bus stand. On the basis of said information police party reached the spot along with witnesses and caught hold one suspected person upon enquiry he said name Shekh Salman and police has given section 50 NDPS notice to the applicant and search the applicant and recovered Nitrazepam Tablets IP NitrosunR 107 Strips of 1X10 tablets each Total 70 tablets in which each 10 mg Nitrasepam (700) and Alprazolam Tablets IP 0.5 Alprascan) 0.5 46Strips of 1 X 15 tablets each Total 690 Tablets in which each 0.5 mg Alprazolam, Alprazolam tablets IP 0.5 Strips of 1 X 10 tablets each Total 440 in which each 0.5 mg Alprazolam narcotics Total 1130 Tablets from the possession of the present applicant/accused, and arrested the applicant and registered the aforesaid offence against the applicant and after completed the other formalities filed the charge sheet before the special court against the 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. It is further submitted the applicant has two previous criminal antecedents out of which one is under the NDPS Act of the year 2024 and another one is under the Gambling Act which is disposed of. The applicant is in jail since 30.11.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the quantity of total 1130 Tablets has been seized from the possession of the applicant. He further submitted that the applicant has one previous criminal antecedents under the NDPS Act of the year 2024. The trial is also under progress. Hence, his bail 3 application is liable to be dismissed. 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 1130 Tablets has been seized, further the applicant has one criminal antecedents under the NDPS Act of the year 2024 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 – Shekh Salman involved in Crime No.494/2024, registered at Police Station: City Kotwali, Kotwali Distt. Mungeli, Chhattisgarh for the offences punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office 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