1 2025:CGHC:40214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6339 of 2025 Shatruhan Tandon S/o Sukhram Tandon, Aged About 22 Years R/o Anand Chowk, Sankra, P.S. Dharsiwa, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Dharsiwa, District Raipur (C.G.) ... Respondent For Applicant : Shri Rekhraj Baghel, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/08/2025 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. 237/2025 registered at Police Station Dharsiwa District Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.14 18:21:20 +0530 2 (C.G.) for the offence punishable under Section 20(b) of the N.D.P.S. Act. 2. Case of the prosecution, in brief, is that the police has been given information by the informant that the unknown persons have kept illegal contraband ganja to sell in their possession and police has seized total 0.589 kg. contraband ganja from place of incident and thereafter prepared the seizure memo and arrested the applicant and others accused persons on 19.05.2025 for alleged offence publishable under section 20(b) of the N.D.P.S. Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and 0.589 kg contraband ganja was 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 further submits that the applicant is in jail since 19/05/2025, 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 03 criminal antecedents out of which one case is under the NDPS Act of the year 2023, which shows that the present applicant is a habitual offender. As such, the applicant is not entitled to be released on bail. 3 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 fact that applicant has 03 criminal antecedents out of which one case is under the NDPS Act of the year 2023, 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 –Shatruhan Tandon, involved in Crime No. 237/2025 registered at Police Station Dharsiwa District Raipur (C.G.) for the offence punishable under Section 20(b) of the N.D.P.S. Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice gouri