1 CGHC010284972026 2026:CGHC:34157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7096 of 2026 Chandilal Mongare S/o Late Nirgun Mongare Aged About 47 Years R/o Village Lati P.S. Singhoda Tahsil Saraipali, District- Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Dongaripali District- Sarangarh- Bilaigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ashutosh Mishra, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.08.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 04/2026 registered at Police Station Dongaripali District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the police of Police Station Dongaripali, District Sarangarh-Bilaigarh (C.G.), received secret information that the present applicant was in unlawful possession of ganja. Acting upon the said information, the police conducted a raid after following the prescribed procedure and allegedly recovered and seized 05 kilograms of ganja from the possession of the present applicant. On the basis of the said seizure, Crime was registered against the applicant for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Thereafter, the applicant was arrested and the investigation was set into motion. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 24.04.2026, therefore this second bail application is filed on the ground that out of 11 witnesses, only 3 witnesses have been examined before the trial court, the applicant is in jail since 12.06.2026 and the charge-sheet has already been filed, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that though the quantity of contraband article i.e. Ganja seized from the possession of the applicant is less than the commercial quantity prescribed under the NDPS Act, but the applicant has one criminal antecedent of the year 2024 under the NDPS Act, which shows that the applicant is a habitual offender and is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 24.04.2026 in MCRC No. 2654 of 2026 on the ground that the applicant has one criminal antecedent of the year 2024 under the NDPS Act (identical nature), but considering the fact that the said case is still pending against the applicant, which shows that he is a habitual offender and has misused the liberty of bail granted to him earlier, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of the applicant - Chandilal Mongare, involved in Crime No. 04/2026 registered at Police Station Dongaripali District- Sarangarh- Bilaigarh (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. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil