1 2025:CGHC:13615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2244 of 2025 Nikhil Sonwani S/o Ramesh Sonwani Aged About 23 Years R/o Station Para, Ward No. 12 Sola Kholi, Out-Post Chikhali P.S. Kotwali, District Rajnandgaon, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Pipariya, District Kabirdham, Chhattisgarh. ... Non-Applicant For Applicant :Mr. Aditya Bhardwaj, Advocate. For Non-Applicant/State :Mr. S.S.Baghel, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/03/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 10/2025 registered at Police outpost- Dasrangpur, Police Station Pipariya, District Kabirdham(C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs Psychotropic Substance Act. 2. Case of the prosecution, in brief, is that 07.01.2025, the staff of Police Outpost Dusrangpur, Police Station Pipariya, conducted a vehicle check. PREETI KUMARI Digitally signed by PREETI KUMARI 2 During the inspection, a white Hyundai Venue car with registration number CG 07 BX 5675 approached from Bemetara. Upon stopping and searching the vehicle, three packets containing 2 kilograms of contraband substances each were found in the trunk, totaling 6 kilograms and 320 grams of narcotics. The contraband was seized from co-accused Dhanraj and Mohammad Irfan Khan, and legal action was initiated under the NDPS Act. Although no narcotics were found on the present applicant, in his memorandum statement, he admitted to knowing co-accused Dhanraj and purchasing 9 kilograms of cannabis from Dhanraj Pawar near the Rajnandgaon Jail Gate on 06.01.2025. The cannabis was bought at ₹9,300 per kilogram, totaling ₹60,000. The applicant sold 3 kilograms to Vikas Meshram, 3 kilograms to Amir, and the remaining 3 kilograms to auto-rickshaw drivers in smaller quantities. Furthermore, applicant Nikhil Sonwani confessed to prior involvement in similar offenses, corroborated by co-accused Dhanraj Pawar's memorandum statement confirming the transactions. Considering the seriousness of the offense and the modus operandi, it is established that the contraband was sold to the applicant. 3. It has been argued by the learned counsel for the applicant that from the possession of the present 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 for Ganja as prescribed under the schedule is more than 20 Kgs. and from the possession of the co-accused only near about 7.00 kilograms of (Ganja) has been recovered. It is further submitted that there is no seizure of any contraband article from the possession of the applicant and cash of Rs. 700/- has been recovered from the possession of the applicant and the applicant has one previous criminal 3 antecedent under the Arms Act. It is also submitted that the charge- sheet has been filed and the applicant is in jail since 02.03.2025, hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that there is no seizure of any contraband article from the possession of the applicant and cash of Rs. 700/- has been recovered from the possession of the applicant and from the co-accused the contraband article which has been recovered is less than the commercial quantity. Further, the applicant has one previous criminal antecedent under the Arms Act, therefore, his bail application is liable to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that there is no seizure of any contraband article from the possession of the applicant and cash of Rs. 700/- has been recovered from the possession of the applicant and from the co-accused the contraband article which has been recovered, is less than the commercial quantity, further the charge-sheet has been filed and the applicant is in jail since 02.03.2025, the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. Let the applicant- Nikhil Sonwani involved in Crime No. 10/2025 registered at Police outpost- Dasrangpur, Police Station Pipariya, District Kabirdham(C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs 4 Psychotropic Substance Act, be released on bail on his furnishing a personal bond with two 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 sufficient 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 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 sufficient cause, then it shall be open for the trial 5 court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, 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 Justice Preeti