1 2025:CGHC:4028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 610 of 2025 Abhay Kumar Singh S/o Ramji Singh Aged About 46 Years R/o Sherpur, P.S. Akodhi Gola, District Rohtas Bihar, Presently R/o C.S.E.B. Colony Korba, District Korba Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Sakri, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Anshul Tiwari, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.01.2025 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. 789/2024 registered at Police Station Sakri, Bilaspur, District Bilaspur (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that Police of Police Station ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.23 17:47:53 +0530 2 Sakri, District Bilaspur (C.G.) has received secret information from the informant and on the basis of the said information conducted a raid and seized 16.820 Kgs Ganja from the possession of the co- accused and during the course of the investigation the applicant has been arrested by the police. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and 16.820 Kgs 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 02 criminal antecedents under the NDPS Act, 01 case he has already been acquitted and other case is still pending. He further submits that the applicant is in jail since 10.12.2024, 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 02 criminal antecedent under the NDPS Act of the year 2024, out of which 01 case is still 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 the 3 the fact that the applicant has 02 criminal antecedent under the NDPS Act of the year 2024, out of which 01 case is still 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. Accordingly, the bail application of the applicant – Abhay Kumar Singh, involved in Crime No. 789/2024 registered at Police Station Sakri, Bilaspur, District Bilaspur (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. 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