1 2025:CGHC:4054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8660 of 2024 Jagjit Singh Urf Sunny S/o Sardar Mukhtar Singh Aged About 32 Years R/o Village Prowal P.S. Govindpal Saheb District - Taran Taran (Punjab) At Present Residing Gogaon Sunder Nagar Distict - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Khamtrai District - Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Ashish Gangwani, Advocate. For Non-Applicant(s) : Mr. Hariom Rai, 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 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. 806/2024 registered at Police Station Khamtrai District - Raipur (C.G.), for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Khamtrai District – Raipur (C.G.) seized 10 grams of Heroin/drug from the possession of applicant, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 17.10.2024. He further submits that from the possession of the applicant contraband article i.e. 10 grams of Heroin/drug has been seized, which is less than the commercial quantity. He also 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, further the applicant has no criminal antecedent. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and submit that the applicant has one criminal antecedent of the year 2023 under the NDPS Act, further the charge-sheet has been filed in the present case before the competent 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 applicant has one criminal antecedent 3 of the year 2023 under the NDPS Act, as such he is a habitual offender 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 it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant - Jagjit Singh @ Sunny, involved in Crime No. 806/2024 registered at Police Station Khamtrai District - Raipur (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. - Sd/- (Ramesh Sinha) Chief Justice Akhil