1 CGHC010283162026 2026:CGHC:32339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6794 of 2026 Mohd. Anish S/o Yusuf Aged About 52 Years R/o Sanjay Nagar Madani Chowk, P.S. Tikrapara, District- Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Tikrapara, Raipur, District Raipur, (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026 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. 389/2026 registered at Police Station - Tikrapara, District – Raipur (C.G.), for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that the Police Station Tikrapara, Raipur, received secret information from an informant that certain unknown persons were illegally possessing banned medicines for the purpose of sale. Acting upon the said information, the police conducted a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.29 16:49:42 +0530 2 search and allegedly seized 14 grams of NRX Nitrazepam Tablets IP (Nitrotion) from the possession of the present applicant at an open place. Consequently, the police registered an offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the accused persons. Thereafter, solely on the basis of the memorandum statement of a co-accused, the present applicant was arrested on 04.05.2026. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. She also submits that the mandatory provisions with regard to search and seizure were not complied with in this case. She further submits that the present applicant has only 01 criminal antecedent under the NDPS Act which is a pending trial. She submits that the applicant has been in jail since 04.05.2026, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the applicant. 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 NDPS Act, which shows that the present applicant is a habitual offender. 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 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 3 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 – Mohd. Anish, involved in Crime No. 389/2026 registered at Police Station - Tikrapara, District – Raipur (C.G.), for the offence punishable under Section 22(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. 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 Abhishek