1 2025:CGHC:196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9069 of 2024 Heeralal Sahu S/o Late Motilal Sahu Aged About 65 Years R/o Village Amaldiha Post Paraswar, Police Station Bahri, Distirct Sidhi, Madhya Pradesh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Purani Basti Raipur, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.472/2024, registered at Police Station- Purani Basti Raipur, District – Raipur (C.G.) for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Purani Basti Raipur, District – Raipur (C.G.) has received a secret 2 information through the informant and on the basis of such information, the Police has seized a total of 6.970 Kgs of Ganja from the possession of the present applicant. Thereafter, the applicant was arrested and the crime has been registered by the Police. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 07.11.2024. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 6.970 Kgs of Ganja has been seized from the possession of the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that there are 10 criminal antecedents of the applicant out of which 1 is under the NDPS Act and 5 are under the Excise Act. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of contraband article Ganja seized from the possession of the applicant i.e. 3 6.970 Kgs, and the charge-sheet has been filed in this case, further that there are 10 criminal antecedents of the applicant out of which 1 is under the NDPS Act and 5 are under the Excise Act, for which no any plausible explanation has been given and he 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 applicant – Heeralal Sahu involved in Crime No.472/2024, registered at Police Station - Purani Basti Raipur, District – Raipur (C.G.) for the offences punishable under Section 20(B) of the NDPS Act, is rejected at this stage. 8. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar