1 2025:CGHC:58882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9890 of 2025 Ashok Yadav S/o Wrongly Mentioned As W/o Digbar Yadav Aged About 37 Years R/o Ward No. 08, Nayapara Mahasamund Tahsil Police Station And District- Mahasmund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Mahasamund District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/12/2025 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. 321/2025 registered at Police Station 2 Mahasamund District- Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 27.07.2025, ASI Mansingh Sahu received information that accused Ashok Yadav was selling Ganja at his house, located at Nayapara Ward No. 08. Acting on the tip, the police reached his house and found him sitting in the porch with a white plastic bag containing Ganja. On search, the police recovered 2.911 kg of Ganja, valued at Rs.42,165/-, from his possession. The contraband was seized on the spot, and the accused was arrested. Thereafter, Police Station Mahasamund registered Crime No. 321/2025 under Section 20(B) NDPS Act and filed the FIR against Ashok Yadav. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 27.07.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case, so far as criminal antecedents of the applicant are concerned, applicant has two criminal antecedents of the years 2020 and 2022 under the NDPS Act and both are pending, the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and 3 submit that the applicant has two criminal antecedents of the years 2020 & 2022 under the NDPS Act and 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 though the seizure of contraband article made from the possession of present applicant is less than the commercial quantity, but considering the fact that the applicant has two criminal antecedents of the year 2020 & 2022 under the NDPS Act, which are presently pending, further charge-sheet has been filed in the present case and 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 is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant - Ashok Yadav, involved in Crime No. 321/2025 registered at Police Station Mahasamund District- Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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