1 2025:CGHC:56110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9285 of 2025 Shiv Peshwani S/o Ramesh Peshwani, Aged About 38 Years, R/o Jhanda Chowk, Near Peshwani Sons Cement Shop, P.S.- Pandri, District - Raipur C.G. ... Applicant versus State of Chhattisgarh Through S.H.O. Pandri, District- Raipur C.G. ... Non-Applicant For Applicant : Mr. Abhijeet Mishra and Mr. Pranav Tiwari, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.196/2025, registered at Police Station- Pandri, District- Raipur (C.G.) for the offences punishable under Sections 20(b)(2), 18(b), 22(b), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that On 01.08.2025 at about 16:15 hours, Sub-Inspector Rajendra Kumar Kurre of Police Station Pandri received a confidential tip-off that one Ramesh Peshwani, resident of Jhanda Chowk, Raipur, was standing near the I-Sports Badminton Arena, Mowa, with a vehicle (Chhota Hathi CG-04-HW-2591) containing ganja (cannabis) for sale. Upon searching the vehicle’s toolbox, the police PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.19 18:56:10 +0530 2 recovered eight packets of ganja wrapped in red plastic, weighing a total of 163 grams. These packets, along with the vehicle and a Vivo mobile phone, were seized and sealed in the presence of witnesses. The accused, Ramesh Peshwani (65 years), was taken into custody, and a Dehati Nalshi (preliminary FIR) was registered under Section 20(b)(2) of the NDPS Act. During interrogation, Ramesh disclosed that his son, Shiv Peshwani, had brought additional narcotic substances for sale and had hidden them in a drawer at their residence. Acting on this information, the police searched the house in the presence of witnesses and recovered: 1.172 kg of ganja, 100 Nitrazepam tablets (10 strips, total weight 74 grams), and 286 grams of an opium-like substance. Upon review of the case, offences under Sections 20(b)(2), 18(b), 22(b), 25, and 29 of the NDPS Act were found to have been committed by Ramesh Peshwani and his son, Shiv Peshwani. Accordingly, the case was formally registered and investigation commenced. The applicant has been arrested for the alleged offences. 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. He further submits that the applicant has one previous criminal antecedent under the NDPS Act of the year 2014 and he has been arrested recently in the said case also. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 12.09.2025. 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 the charge-sheet has been filed in this case. It is further submitted that the applicant has one previous criminal antecedent under the NDPS Act of the year 2014 and he has been 3 arrested recently in the said case also which shows that he is an habitual offender, hence, his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further the fact that the applicant has one previous criminal antecedent under the NDPS Act of the year 2014 and he has been arrested recently in the said case also, which shows that the applicant is a habitual offender and it cannot be said to be a case of false implication 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. 7. Accordingly, the bail application of applicant – Shiv Peshwani involved in Crime No.196/2025, registered at Police Station- Pandri, District- Raipur (C.G.) for the offences punishable under Sections 20(b)(2), 18(b), 22(b), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial 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 Preeti