1 2025:CGHC:17653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2323 of 2025 1 - Adnan Ansari S/o Anwar Ahmad Ansari Aged About 21 Years R/o- Amkheraroad Narmada Nagar Gohalpur P.S. Gohalpur, District - Jabalpur (M.P) … Applicant versus 1 - State Of Chhattisgarh Though Police Station Tikrapara, District- Raipur (C.G.) ... Respondent(s) (Cause Title taken from Case Information System) For Applicant : Mr. Ashish Gangwani, Advocate. For Non-Applicant : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.04.2025 1. Proceedings of this case have ben taken through video conferencing. 2. 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 connection with Crime No. 121/2025 registered at Police Station Tikrapara, District Raipur (C.G.) Digitally signed by AMIT PATEL 2 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that on 08.02.2025 the Police of Police Station Tikrapara, District- Raipur has received secret information from the informant and conducted a raid and seized 10.12 kg of ganja from the joint possession of the applicant and from other co-accused persons. Thereafter, the case has been registered against the present applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also 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 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 joint possession of the applicant and other co-accused persons only 10.12 kg Ganja has been seized. He later submits that the applicant has no criminal antecedent and he is in jail since 08.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. He further submits that from the joint possession of the 3 applicant and other co-accused persons contraband article i.e.10.12 kg of Ganja is seized, therefore, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that the applicant has no criminal antecedent and the contraband article i.e. 10.12 kg Ganja recovered from the joint possession of the applicant and other co-accused persons is less than the commercial quantity and the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant -Adnan Ansari involved in Crime No. 121/2025 registered at Polie Station Tikrapara, District Raipur (C.G.) under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings 4 against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, within a period of six months from today, if there is no legal impediment. 10.OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice AMIT PATEL