1 2025:CGHC:12068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1429 of 2025 Pardeshi Sahu S/o Jirakhan Sahu Aged About 36 Years R/o Village Bhagutola, Police Station Kawardha, District Kabirdham Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kawardha, District Kabirdham Chhattisgarh. ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.03.2025 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. 693/2024 registered at Police Station Kawardha, District Kabirdham (C.G.), for the offence punishable under Section 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.12 19:16:10 +0530 2 2. The prosecution's case, in brief, is that on 11.11.2024, the police at Kawardha Police Station received secret information that two individuals were transporting ganja in a blue Tata vehicle with registration number CG-09-JF-0595. Based on this information, the police conducted an inspection near Gurukul on the Kawardha- Rajnandgaon Road. During the raid, the co-accused were found in possession of 8.170 kg of ganja. The articles were seized, an offense was registered, and samples were taken from the seized items. The accused were arrested, witness statements were recorded, and based on a memorandum statement, the present applicant was implicated in the crime. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said contraband article was not recovered from the possession of the present applicant. He further submits that the present applicant has been in jail since 11.11.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 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 01 criminal antecedent under the similar nature, which shows that the present applicant is a habitual offender. As such, the present 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 fact that the applicant has 01 criminal antecedent under the NDPS Act , 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. Accordingly, the bail application of the applicant – Pardeshi Sahu, involved in Crime No. 693/2024 registered at Police Station Kawardha, District Kabirdham (C.G.), for the offence punishable under Section 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek