1 / 3 2025:CGHC:48789 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6909 of 2025 Sukku Singh Lodhi S/o Bisran Singh Lodhi Aged About 35 Years R/o Kulen Mohalla Ward No. 01 Katangi, P.S.- Katangi, District Jabalpur, M.P. (Correctly Mentioned) ... Applicant versus State Of Chhattisgarh Through The Police Station- Kharsia, Tehsil- Kharsia, District Raigarh, C.G. … Non-applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.09.2025 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.188/2025 registered at Police Station – Kharsia Tehsil Kharsia District - Raigarh (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that on 26.03.2025 the Police of Police Station Kharsia, Tehsil Kharsia, District Raigarh (C.G.) has been VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.24 17:07:14 +0530 2 / 3 seized contraband Ganja 08Kg from the possession of present applicant and co-accused persons and thereafter police has been registered case offence under Section 20(B) of the NDPS Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case the alleged contraband Ganja has not been recovered from their exclusive possession and, in any case, the seized contraband is of small quantity, making the alleged offence triable by the Magistrate and not punishable with life imprisonment or death penalty; the FIR dated 27.03.2025 has been lodged against the applicants and co-accused (Annexure A/2), and it is pertinent to mention that the co-accused has already been granted bail by this Hon’ble Court vide order dated 16.07.2025 in MCRC No. 5545/2025 (Annexure A/3); the applicants are in custody since 26.03.2025, they are permanent residents of the address mentioned in the cause title, having movable and immovable property therein, and there is no likelihood of their absconding or tampering with the prosecution witnesses; the applicants are further ready to furnish adequate surety and undertake to abide by all conditions and directions that may be imposed by this Hon’ble Court while granting bail, therefore, he prays for enlarging the applicant on regular bail. 4. 4. On the other hand, the learned State counsel opposes the bail application and submitted that the present applicant has two criminal antecedents of a similar nature in the State of Madhya Pradesh, 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 3 / 3 case diary. 6. Considering the fact that the applicant has 02 criminal antecedent under the NDPS Act, 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 – Sukku Singh Lodhi, involved in Crime No. 188/2025 registered at Police Station – Kharsia Tehsil Kharsia District - Raigarh (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav