1 2025:CGHC:6528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1006 of 2025 1 - Suresh Dubey S/o Late Jamuna Prasad Dubey Aged About 57 Years R/o Masjid Para Kota, Thana Kota District Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Police Station Kota, District Bilaspur, Chhattisgarh ... Respondent(s) For Applicants : Mr. Vikash Kumar Pandey, Advocate For-Non-applicant : Mr. Amit Verma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05/02/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 976 of 2024 registered at Police Station – Kota, District- Bilaspur (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 on 16.11.2024 the NISHA DUBEY Digitally signed by NISHA DUBEY 2 police of Police Station-Kota received secret information about possession of ganja by applicant which he used to sell, raided the house of applicant and during search, recovered 440 gm of ganja kept in a black colour polythene in front of the house of applicant. The entire Ganja was seized and present applicant was arrested by the police. 3. It has been argued by the learned counsel for the applicant that the present applicant has been falsely implicated in the crime in question. The contraband has not been seized from exclusive possession of applicant rather it has been seized from an open place. He submits that the provisions of NDPS Act have not been properly complied with. Even the contraband allegedly seized is only a small quantity. The applicant is in jail since 16.11.2024, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that applicant has as many as four criminal antecedents, out of which two were registered in the year 2023 and other two are of the year 2003 & 2006. It has been pointed out by the State counsel that the investigation is still pending and charge-sheet has not been submitted. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances, in 3 particular the fact that the applicant has criminal past and further the investigation is under progress, bail application of applicant- Suresh Dubey, involved in Crime No.976 of 2024, under Section 20(B) of the N.D.P.S. Act at Police Station – Kota, District – Bilaspur(C.G.), is rejected. Sd/- (Ramesh Sinha) Chief Justice Nisha