1 2025:CGHC:18342 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2521 of 2025 Smt. Rajlakshmi Verma W/o Surendra Verma Aged About 27 Years R/o Yadav Nagar Tifra, PS- Sirgitti, District- Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Police Station- Sirgitti, District- Bilaspur, Chhattisgarh ... Respondent For Applicant : Shri Himanshu Kumar Sharma, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/04/2025 1. Proceedings of this matter have been taken 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. 113/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 16:06:48 +0530 2 Sirgitti, District Bilaspur (C.G.) for offence under Section 20(B) of the NDPS Act. 3. Case of the prosecution, in brief, is that on 09/03/2025 the police through informant received the information made search and seized a plastic bag containing 16 Kg Ganja from the possession of present applicant at incident place Bannak Chowk in Sirgitti area. 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 possession of the applicant only 16 kg Ganja has been seized. He later submits that the applicant has no criminal antecedent and she is in jail since 09/03/2025 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 submits that the charge-sheet has not been filed in the present case. He further submits that from the possession of the applicant contraband article 3 i.e. 16 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, also considering the fact that the contraband article i.e. 16 kg Ganja recovered from the possession of the applicant is less than commercial quantity, applicant is a lady and she is in jail since 09/03/2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant - Smt. Rajlakshmi Verma involved in Crime No. 113/2025 registered at Police Station Sirgitti, District Bilaspur (C.G.) for offence under Section 20(B) of the NDPS Act, be released on bail on her furnishing 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law. 9. 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 gouri