1 2025:CGHC:14608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2368 of 2025 1. Arun Tiwari S/o Vijay Prakash Tiwari Aged About 52 Years R/o Hikmi Para, Rammaiya Ward, Jagdalpur, District - Bastar (C.G.) 2. Sanskar Tiwari S/o Arun Tiwari Aged About 27 Years R/o Hikmi Para, Rammaiya Ward, Jagdalpur, District -Bastar (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O. Police Station- Kotwali, Jagdalpur District - Bastar (C.G.) ... Non-Applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/03/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 43/2025 registered at Police Station- Kotwali, Jagdalpur, District Bastar (C.G.), for the offence punishable under Section 18 of the Narcotic Drugs Psychotropic Substance Act. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. Case of the prosecution, in brief, is that is the Police of Police Station Kotwali Jagdalpur, on the basis of information from the informer, recovered from joint possession of the applicants cash amount of Rs. 5010 from sale of poppy straw, a red colour old iron weighing scale with 2 kg written on it, which had Mahesh written in English and kilo weights of 200 gm and 500 gm, steel vessel for weighing the scale, a steel sieve, two packets of transparent plastic membrane and a packet which had Darshan and Nature plus written in English and two mobile phones and a total of 46.152 kg of poppy straw (Doda Chura) (epia), a ganja-like substance, which is more than a small quantity but less than the commercial quantity, have been seized for which the present applicants where arrested for commission of the offence under Section 18 of the NDPS Act. 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 has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for poppy straw (Doda Chura) as prescribed under the schedule is more than 50 Kgs. and from the possession of the applicant only 46.152 Kgs of poppy straw (Doda Chura) has been recovered. It is further submitted that the applicants have no previous criminal antecedents. It is also submitted that the charge-sheet has been filed and the applicants are in jail since 30.01.2025, 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 the psychotropic substance which has been seized from the possession of the present applicants is total 3 46.152 Kgs of poppy straw (Doda Chura), which is less than the commercial quantity. 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 quantity of psychotropic substance seized from the possession of the applicants, is less than the commercial quantity, further the charge-sheet has been filed and the applicants are in jail since 30.01.2025, the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are 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 Nos. 1 and 2 - Arun Tiwari and Sanskar Tiwari involved in Crime No. 43/2025 registered at Police Station- Kotwali, Jagdalpur, District Bastar (C.G.), for the offence punishable under Section 18 of the Narcotic Drugs 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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through his 4 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 applicants 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 applicants 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 court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Needles 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti