1 2026:CGHC:19895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2553 of 2026 Ajay Sahu S/o Shankar Lal Sahu Aged About 35 Years R/o Village- Hasda, Number 1 P.S. Magarlod District- Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officers P.S. Fingeshwar District- Gariyaband (C.G.) ... Non-applicant For Applicant : Ms. Jaya Gupta, Advocate. For Non-applicant/State : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.12/2026, registered at Police Station - Fingeshwar District- Gariyaband (C.G.) for the offences punishable under Section 20(b)(2)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that on 14.01.2026, the applicant was arrested along with co-accused persons while travelling in a Tata Safari vehicle bearing registration No. CG-04-DM-5000. The police allegedly recovered 19.423 kg of ganja (cannabis) from the trunk of the vehicle, which is stated to have been in the joint possession of the accused PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.30 13:36:02 +0530 2 persons. Two juveniles, aged 13 and 15 years, were also present in the vehicle. The applicant has been in judicial custody since 14.01.2026. The investigation is complete, and the charge sheet is likely to be filed soon. The quantity allegedly recovered, i.e., 19.423 kg, falls within the “intermediate quantity” category under the NDPS Act, as the commercial quantity for ganja is 20 kg. That the applicant was arrested in the aforesaid crime and was produced before the learned Court on 14.01.2026, from where he was remanded to judicial custody and is presently lodged in District Jail, Raipur. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has one previous criminal antecedent under the NDPS Act, which has been explained through covering memo. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 14.01.2026. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 19.423 kg Ganja from the joint possession of applicant and co-accused person, which is less than the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the applicant has one previous criminal antecedent under the NDPS Act of the year 2024. Hence, his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further the fact that the charge-sheet has been filed in this case, further the applicant has one previous criminal antecedent under the NDPS Act of the year 2024 in 3 which he is on bail which shows that the applicant is a habitual offender and it cannot be said to be a case of false implication 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. 7. Accordingly, the bail application of applicant – Ajay Sahu involved in Crime No.12/2026, registered at Police Station - Fingeshwar District- Gariyaband (C.G.) for the offences punishable under Section 20(b)(2)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti