1 2025:CGHC:31072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5227 of 2025 • Mukesh Modi S/o Mathura Modi Aged About 45 Years R/o House No. 25/2 Maitri Nagar, Risali, Police-Station-Newai, Bhilai, District And Tehsil - Durg, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Sho- Newai Police-Station, District - Durg, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vivek Sharma, Advocate For Respondent : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/07/2024 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.89/2025 registered at Police Station – Newai, District – Durg (C.G.), for the offence punishable under Sections 20-B, 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 2. Case of the prosecution, in brief, is that on 16.04.2025 Assistant sub-inspector Rajesh Dewangan police station Newai, District Durg (C.G.) received a secret information that two persons near Newai dam near tamarind tree are selling narcotic substance cannabis to gain illegal profit. On the basis of the received information police staff along with the witnesses caught the present applicant and one Rajkumar Thakur and on due investigation and search a white plastic bag containing 13.354 kg cannabis was seized from the vehicle Ford Figo CG-07-MB-3698 in the the possession of present applicant Mukesh Modi and a green yellow coloured cotton bag containing 2.172 Kg cannabis was seized from the vehicle hero pleasure scooty handicapped vehicle CG-07-CG-4499 in the possession of Rajkumar Thakur. The present applicants had been arrested for committing the registered crime as Crime no. 89/2025 and had been arrested, on 16/04/2025 for offence U/s 20-b and 27-a of NDPS act. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 16.04.2025. 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. Learned Government Advocate, appearing for the State/non-applicant would oppose the bail application and submit that the 13.354 kg cannabis was seized from the vehicle Ford Figo CG-07-MB-3698 in the the possession of present applicant Mukesh Modi and applicant has two criminal antecedents in crime No. 02 of 2024 and 01 of 2025 under the NDPS Act and the charge-sheet has been filed in the 3 present case. 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 two criminal antecedent under the NDPS Act 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 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. Accordingly, the bail application of the applicant – Mukesh Modi, filed under Section 439 of the Cr.P.C., involved in Crime No.89/2025 registered at Police Station – Newai, District – Durg (C.G.), for the offence punishable under Sections 20- B, 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali