1 2025:CGHC:8155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1306 of 2025 Hina Parveen W/o Wasim Khan Aged About 24 Years R/o Bandhwapara, Police Station Purani Basti, Raipur, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Purani Basti, District Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : None. For Non-Applicant(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/02/2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 29.12.2024. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 counsel. 3. 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. 573/2024 registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. Case of the prosecution, in brief, is that on 29.12.2024, the Police of Police Station Purani Basti, Raipur, received information from an informant and on the basis of said information the Police had searched the scene of crime, Khokho Talab Par, Bandhwa Para, and found 5 kilograms of ganja from the possession of the applicant/accused, Heena Parveen, which was packed in a large white polythene bag. Additionally, another co-accused, Bhaktaraj Ghosh, also known as Raja Ghosh, was found with a packet wrapped in yellow tape, containing 5 kilograms of ganja. Thereafter, the offence has been registered against the applicant and co- accused. 5. It transpires from para 4(A) of the bail application filed by the applicant that the applicant has one criminal antecedent at same police station, which is of the year 2023 under the NDPS Act, and it is pending, the said case was fixed for evidence on 06.02.2025. 6. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has 3 been filed in the present case before the competent Court. He further submits that applicant has 8 criminal antecedents, out of which, one is under the NDPS Act of the year 2023 and rest of the cases are under the IPC, as such, applicant is a habitual offender and is not entitled for grant of bail. 7. I have perused the case diary. 8. It transpires from the record that the applicant alongwith other co- accused, namely, Bhaktraj Ghosh involved in the present case and though the contraband article i.e. 5 Kgs of Ganja recovered from the possession of the applicant as well as from the possession co- accused (total 10 Kgs), which is less than the commercial quantity, but the applicant has total 8 criminal antecedents, out of which, one is under the NDPS Act registered at Crime No.155/2023, which is pending against him and was fixed for evidence on 06.02.2025, the said fact is mentioned in para 4(A) of the bail application filed by the applicant, as such, 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 is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant - Hina Parveen, involved in Crime No. 573/2024 registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is 4 rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce 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