1 2025:CGHC:22640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2807 of 2025 Kailash Sahu S/o Baidhar Sahu Aged About 45 Years R/o Village- Ward No. 3 Khariyar Road, P.S. Jonk, District- Nuapada, (Orissa) ... Applicant versus State of Chhattisgarh Through, Station House Officer of Police Station Palari, District- Baloda Bazar-Bhatapara, (C.G.) ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 51/2025 registered at Police Station Palari, District Balodabazar - Bhatapara (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's story, in brief, is that the police personnel at Palari, District Balodabazar - Bhatapara, Chhattisgarh, received ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.10 11:29:56 +0530 2 secret information that the present applicant was in possession of contraband. Based on this information, a search was conducted, and 2.139 Kgs of Ganja were recovered from the applicant's possession. The applicant was arrested, and a crime was registered under Sections 20 (B) of the NDPS Act. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits 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 Ganja was 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 2.139 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents under the NDPS Act, and he is in jail since 21.03.2025, 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, 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 submits that the present applicant has 02 criminal antecedents under the IPC in the state of Odisha. He further submits that from the possession of the applicant 2.139 kgs of Ganja was recovered, therefore, the present applicant is not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the contraband article i.e. 2.139 Kgs of Ganja was recovered from the possession of the applicant, which is less than commercial quantity, moreover, the present applicant has no criminal antecedents under the NDPS Act, also considering the fact that the charge-sheet has been filed in the present case before the competent Court, the applicant is in jail since 21.03.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Kailash Sahu, involved in Crime No. 51/2025 registered at Police Station Palari, District Balodabazar - Bhatapara (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 sufficient 4 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 court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek