1 2025:CGHC:1773 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 215 of 2025 Somnath Mandavi S/o Shri Gautariha Mandavi Aged About 24 Years R/o Village Sarangpur, P.S. Khairagarh, District Khairagarh Chhuikhadan Gandai (K.C.G.)(C.G.) ... Applicant versus State of Chhattisgarh Through SHO Police Station Chhuikhadan, District Khairagarh Chhuikhadan Gandai (K.C.G), (C.G.) … Non-applicant For Applicant : Mr. Vidya Bhushan Soni, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 367/2024 registered at Police Station Chhuikhadan, District Khairagarh Chhuikhadan Gandai (K.C.G), (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that Police of Police Station Balod, District – Balod, (C.G.) has received secret information from RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.13 10:38:16 +0530 2 the informant and on the basis of the said information conducted a raid and seized 09 Kgs of contraband ganja from the possession of the present applicant. Thereafter, FIR was lodged against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and 09 Kgs of contraband ganja was not recovered from the possession of the present applicant. He further submits that the present applicant has 01 criminal antecedent under the similar nature. He further submits that the present applicant is in jail since 10.11.2024 and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that from the possession of the present applicant total 09 Kgs of Ganja was seized. He also submits that the present applicant has 01 criminal antecedent under the NDPS which is pending, which shows that the present applicant is a habitual offender. As such, the 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 facts and circumstances of the case and further the fact that the applicant has 01 criminal antecedent under the NDPS which is pending, which shows that the present applicant is a 3 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. Accordingly, the bail application of the applicant – Somnath Mandavi, involved in Crime No. 367/2024 registered at Police Station Chhuikhadan, District Khairagarh Chhuikhadan Gandai (K.C.G), (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan