1 2025:CGHC:7539 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1218 of 2025 Kirat Bhoi S/o Keshbo Bhoi Aged About 55 Years R/o Village- Sirboda, Police Station Balauda, District : Mahasamund, Chhattisgarh ... Applicant versus State of Chhattisgarh Through S.H.O, Police Station- Singhoda, District Mahasamund, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vaibhav A. Goverdhan, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.02.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 119/2024 registered at Police Station – Singhoda, 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 the police of Police Station Singhoda, District Mahasamund, (C.G.), received a secret RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.13 13:28:21 +0530 2 information from the informant and on the said information police conducted a raid and seized total 03 Kgs of contraband Ganja from the joint possession of the present applicant and other co-accused. Thereafter, offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that there is no material evidence available against the applicant, which connects him in commission of crime. He further submits that seized quantity of the Ganja from the present applicant was less than commercial quantity. He further submits that the applicant has two criminal antecedents under the NDPS Act of the year 2012 and 2013, out of which, in one case the applicant has been acquitted and in another case, the applicant has been convicted and appeal is pending before this Court i.e. CRA No. 300/2017 and in that case he is on bail. He further submits that the present applicant is in jail since 28.10.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She also submits that the present applicant has 02 criminal antecedents under the NDPS Act of the year 2012 and 2013, out of which, the applicant has been acquitted in one case, and in another case, the applicant has been 3 convicted and appeal is pending before this Court i.e. CRA No. 300/2017 and in that case he is on bail. which shows that the present applicant is a habitual offender. She further submits that the contraband article was recovered from the possession of the present applicant, and the applicant has failed to give any explanation for the same, as such, the 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 facts and circumstances of the case and further the fact that though the contraband article i.e. 03 kg Ganja which has been recovered from the possession of the present applicant, is less than the commercial quantity but, the applicant has failed to give any explanation for the same, further it cannot be a case of false implication and also considering the fact that the applicant has 02 criminal antecedents under the NDPS Act of the year 2012 and 2013, out of which, in one case the applicant has been acquitted and in another case, the applicant has been convicted and appeal is pending before this Court i.e. CRA No. 300/2017 and in that case he is on bail, 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 4 bail. Accordingly, the bail application of the applicant – Kirat Bhoi, involved in Crime No. 119/2024 registered at Police Station – Singhoda, District Mahasamund, (C.G.), for the offence punishable under Section 20(b) 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 Rahul Dewangan