1 2025:CGHC:58879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9898 of 2025 Tabrez Ali S/o Tijarat Ali Aged About 30 Years R/o Majjhgawan, P.S. Baikunthpur, District Koriya (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Baikunthpur, District Korea (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anuroop Panda, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, 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. 212/2025 registered at Police Station Baikunthpur, District Korea (C.G.), for the offence punishable under Section 22(b), 22(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. Case of the prosecution, in brief, as per the case record, Inspector Bipin Kumar Lakda, acting on information received through a letter from the Superintendent of Police, Korea (C.G.), intercepted the accused near Narkeli–Majhgawan Tiraaha. On searching the bag in the possession of accused Tabrez Ali, the police recovered 288 Spasmo-Proxyvon tablets and 50 Alprazolam tablets. The accused failed to produce any valid license or permit for possessing these intoxicant drugs. Finding sufficient evidence, Police Station registered Crime No. 212/2025 under Section 22(B) NDPS Act, and after completion of investigation, the charge-sheet was filed. 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 22.06.2025. 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 is concerned, applicant has no criminal antecedent and 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 submit that the applicant has one criminal antecedent of the year 2018 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 3 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 one criminal antecedent of the year 2018 under the NDPS Act, which is 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 - Tabrez Ali, involved in Crime No. 212/2025 registered at Police Station Baikunthpur, District Korea (C.G.), for the offence punishable under Section 22(b), 22(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 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