1 2025:CGHC:38503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6103 of 2025 Mohan Nag S/o Chintamani Nag Aged About 38 Years R/o Village- Bankabiyar, Police Station- Patnagarh, District- Balangir (Odisha) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Sarkanda, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Rajeev Kumar Dubey, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08/2025 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. 359/2025 registered at Police Station Sarkanda, District Bilaspur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 17:54:29 +0530 2 (C.G.) for the offence punishable under Section 20(B) of N.D.P.S. Act. 2. Case of the prosecution, in brief, is that on 06-03-2025 at about 17:00 hrs, based on informant information, a motorcycle bearing registration No. CG-10-BW/9342 was stopped by the police of Police Station Sarkanda in front of Ajak Thana, Bilaspur. The juvenile accused, who was riding pillion, jumped off and fled. From the possession of the co-accused Vikas Verma, 7.900 kilograms of ganja (cannabis) packed in seven green polythene bags inside a yellow carton and an additional 03 kilograms of ganja packed in four green polythene bags found under the seat cover of the vehicle, totaling 10.900 kilograms, were seized. In the memorandum statement, accused Vikas Verma and the juvenile delinquent Sameer Verma disclosed that the seized ganja was procured from Odisha by Mohan Nag on the instructions of co- accused Sandeep Verma for the purpose of sale. Based on this statement, Crime No. 359/2025 was registered, and the accused were arrested. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and 10.900 kilograms ganja were not recovered from the possession of the present applicant. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the present applicant has only 01 3 criminal antecedents under the NDPS Act which is pending. He further submits that charge sheet has been filed, the applicant is in jail since 14/05/2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 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 01 criminal antecedent under the NDPS Act which is pending, which shows that the present applicant is a habitual offender. As such, the 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 considering the fact that the applicant has 01 criminal antecedent under the NDPS Act which is pending, which shows that the present applicant is a 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. 7. Accordingly, the bail application of the applicant – Mohan Nag, 4 involved in Crime No. 359/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 20(B) of N.D.P.S. Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice gouri