1 2025:CGHC:1282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8145 of 2024 Tarachand Patel S/o Rupdhar Patel Aged About 50 Years R/o Bagrail, P.S. Dabhara, District Sakti Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Dabhara, District Sakti Chhattisgarh. ... Non-applicant For Applicant : Mr. Tapan Kumar Chandra, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2025 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. 388/2024 registered at Police Station Dabhara, District Sakti (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 Dabhara, District Sakti (C.G.) has received secret information from the informant and on the basis of the said information conducted a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.09 16:56:02 +0530 2 raid and seized 3.180 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 3.180 Kgs of contraband ganja was not recovered from the possession of the present applicant. He further submits that the present applicant has been in jail since 28.10.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and 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 opposed the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He submits that the present applicant has 01 criminal antecedent under the NDPS Act of the year 2018, in which the applicant convicted by the trial Court. 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 present applicant has 01 criminal antecedent under the NDPS Act of the year 2018, in which the applicant convicted by the trial Court, 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 3 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 – Tarachand Patel, involved in Crime No. 388/2024 registered at Police Station Dabhara, District Sakti (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 Abhishek