1 2026:CGHC:24366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4801 of 2026 Murari Lal Choubey S/o Tirath Raj Choubey Aged About 35 Years R/o Village Gangapur Chowki Raghunathpur, P.S. Lundra, District Surguja Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Outpost - Raghunathpur, P.S. Lundra, District - Surguja Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Kamlesh Patel, Advocate. For Respondent(s) : Ms. Monika Thakur, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2026 1. 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 2 connection with Crime No. 39/2026 registered at Police Station Raghunathpur, P.S. Lundra, District - Surguja (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 on 26.02.2026 at about 1:00 PM, acting upon information received from an informant, the police intercepted an i20 car bearing Registration No. CG-10-AL- 8571 near Gangapur Main Road. It is alleged that co-accused Hemsagar Yadav, Khiro Yadav and Bhupendra Yadav were present in the vehicle. During the search of the car, a red cloth bag kept in the boot (dicky) was allegedly recovered containing 2 kg 60 grams of Ganja (pure quantity 2 kg). It is further alleged that the present applicant, Murari Lal Choubey, who was standing nearby, was found in possession of a black bag containing 2 kg 10 grams of Ganja (pure quantity 2 kg). The contraband was seized in accordance with law, and the applicant was arrested on 26.02.2026. Upon completion of investigation, charge-sheet was filed against the applicant for the offence punishable under Section 20(B) of the NDPS Act. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 26.02.2026. He further submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors 3 of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 2.10 Kg Ganja has been seized, which is less than the commercial quantity. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that so far as the criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2020 under the NDPS Act, in which, the applicant has already been acquitted vide order dated 20.08.2025. He later submits that two of the co- accused, namely, Khiro Yadav and Bhupendra Yadav have already been granted by this Court vide orders dated 29.04.2026 and 12.05.2026 in MCRC Nos.3910 of 2026 and 4430 of 2026, further the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant has thee criminal antecedents under the NDPS Act registered as Crime Nos.141/2020, 77/2016 and 108/2020, as such, the applicant is a habitual offender and is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Considering the fact that the applicant has thee criminal antecedents under the NDPS Act registered as Crime Nos.141/2020, 77/2016 and 108/2020, though in one case, the applicant has been acquitted, but rest of the two cases are still pending, which shows that the applicant is a habitual offender and has misused the liberty of bail granted to him earlier, also considering the fact that the co-accused persons on which applicant is placing reliance for grant of bail, were granted bail by this court on the ground that they have no criminal antecedent, further the charge-sheet has been filed before the competent Court in the present case, 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. 7. Accordingly, the bail application of the applicant - Murari Lal Choubey, involved in Crime No. 39/2026 registered at Police Station Raghunathpur, P.S. Lundra, District - Surguja (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 5 9. Office 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 Akhil