1 2025:CGHC:19124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2355 of 2025 Kodapalli Rajesh S/o Kodapalli Nageshwar Aged About 34 Years R/o Village- Barnipur, Near Panchayat OfÏce, Police Station- Jaipur, District- Koraput (Odisha) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Pipariya, District- Kabirdham Chhattisgarh ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 11/2025, registered at Police Station – Pipariya, District- Kabirdham (C.G.) 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 08.01.2025 Assistant Sub-Inspector Birbal Verma of Police Station Pipariya, District Kabridham (C.G.) received a secret information that some persons are PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.29 10:44:06 +0530 2 transporting narcotic substances by a black colour four-wheeler, then the police party reached at N.H.-30 with the entire articles for investigation and conducted a raid and started searching of vehicle. It is alleged that the car bearing registration No. OD-10-Z-4668 was stopped by the police and on enquiry, the co-accused Bhagwan Manjhi was found with total 14.715 kilograms psychotropic substance kept in a sky blue colour bag. The cannabis were covered with a khakhi colour tape and the bag in which the aforesaid cannabis covered with tape was kept, was received by the police from bonnet of the car. It is alleged that out of total cannabis 9.735 kilograms psychotropic substance amounting to Rs. 48,000/- was received from the possession of the present applicant. The present applicant was arrested by the police on 09.01.2025, articles were seized, statements of the witnesses were recorded and after completion of the entire investigation, charge-sheet has been filed and present the matter is pending before the learned Special Judge under Narcotic Drugs and Psychotropic Substances Act, Kawardha, District Kabirdham (C.G.) as Special Session Case No. 118/2025 for trial. 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 submitted that the charge-sheet has been filed in this case. It is also submitted 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 possession of the applicant only 9.735 kilograms of Ganja has been seized. It is further submitted that there is no previous criminal antecedents of the applicant in the State of Odisha and Chhattisgarh, and he is in jail since 09.01.2025 and the 3 conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no previous criminal antecedents of the applicant in the State of Odisha and Chhattisgarh. It is submitted that a total quantity of 9.735 kilograms of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 5. I have 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 quantity of Ganja seized from the possession of the applicant i.e. a total quantity of 9.735 kilograms, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed and there is no previous criminal antecedents of the applicant in the State of Odisha and Chhattisgarh, and further, that the applicant is in jail since 09.01.2025 and 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. 7. Accordingly, the bail application is allowed. Let the applicant, Kodapalli Rajesh involved in Crime No. 11/2025, registered at Police Station – Pipariya, District- Kabirdham (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the 4 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 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. 8. OfÏce 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