NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1776 of 2024 Rammati Rohidas @ Guddi Bai W/o Tikait Ram Rohidas, aged about 52 Years R/o Village Krishna Nagar, Police Station Dipka, District - Korba Chhattisgarh. ---- Applicant Versus State of Chhattisgarh Through The Police Station, Dipka, District - Korba Chhattisgarh.

---- Non-Applicant (Cause-tile taken from the Case Information System)

For Applicant : Mr. Basant Kaiwartya, Advocate.

For Non-Applicant : Mr. Hariom Ray, Panel Lawyer.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

22.03.2024

1. The applicant has preferred this First Bail Application under Section

439 of Code of Criminal Procedure, 1973 in connection with Crime No. 50/2024, registered at Police Station: Dipka, District – Korba, Chhattisgarh for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.

2. The prosecution story in brief, is that on 15.02.2024 the concerned Police of Police Station of Dipka, District Korba received secret information through informant that the applicant is having contraband Ganja for the purpose of sale. On the basis of such information the concerned Police Station reached on spot and after search inquiry has been started by the Police, the Police team seized total 10 Kgs of intoxicant Ganja from the possession of the applicant. Thereafter, the case has been registered by the police and the applicant was arrested.

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. It is also submitted that the charge-sheet has not been filed in this case, she is in jail since 15.02.2024. Therefore, he prays for grant of bail.

4. On the other hand, the learned counsel for the State opposes the bail application and submits that the total quantity of 10 Kgs Ganja has been seized from the possession of the applicant, he further submits that the applicant is having two previous criminal antecedents out of which one is registered under Section 20(B) of the NDPS Act in Crime No. 143/2022 of the year 2022 and another is under the IPC. The trial is also under progress. Hence, his bail application is liable to be dismissed.

5. I have heard learned counsel for the parties and perused the material available on record.

6. Considering the fact that the present applicant is having two previous criminal antecedent out of which one is registered under Section 20(B) of the NDPS Act in Crime No. 143/2022 of the year 2022 and another is under the IPC, she is habitual offender, further she has misused the bail granted to her earlier, and that the quantity of liquor seized is total 10 Kgs Ganja and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs.

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 applicant – Rammati Rohidas @ Guddi Bai involved in Crime No. 50/2024, registered at Police Station: Dipka, District – Korba, Chhattisgarh for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected

7. Learned State counsel assures the Court that the investigation and charge-sheet would be submitted soon before the competent Court.

8. Considering the fact that if the charge-sheet is submitted against the applicant, the trail Court shall conclude the trial as early as possible within a period of six months from the date of filing of the charge-

sheet in accordance with law, if there is no legal impediment.

9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

- Sd/-

(Ramesh Sinha)

Chief