1 2025:CGHC:25419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4598 of 2025 Chandni Banjare D/o Prembai Banjare Aged About 23 Years R/o Civil Line Simga, Police Station Simga, District Balodabazar-Bhatapara (C.G.). ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Simga, District Balodabazar-Bhatapara (C.G.). ... Non-applicant For Applicant : Mr. Rahul Agrawal, Advocate For Res/State : Mr. Bharat Gulabani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2025 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. 18/2025 registered at Police Station- Simga, District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 21(B) of the Narcotic 2 Drugs and Psychotropic Substances Act, 1985 (in short “NDPS Act”). 2. The prosecution's case, in brief, is that on on 09.01.2025, on secret information received from the informant, the police have recovered Spasmo Proxyvon Plus 35 tablets and Nitrosun 50 tablets from the one co-accused. Hence the offence under 21 B of the NDPS Act has been registered against the present applicant and the co-accused person. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He would also submit that the applicant is a lady and aged about 23 years of age and she is jail since 09.01.2025. 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. On the other hand, the learned Panel Lawyer 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 the present applicant has 03 criminal antecedents and out of three 2 are under the similar nature, 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 fact that the applicant has total 03 criminal antecedents in which 2 are under the NDPS Act , which shows that the present applicant is a habitual offender and also in light of the judgment 3 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 – Chandni Banjare involved in Crime No. 18/2025 registered at Police Station- Simga, District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 21(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. Office 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.21 15:56:49 +0530