1 2025:CGHC:35556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4645 of 2025 1. Karan Tiwari S/o Late Shri Dayaram Tiwari Aged About 32 Years R/o Behind Rarivandr Stage, Nahrunagar, District Raipur Chhattisgarh. 2. Bhawesh Sachdev S/o Sewaram Sachdev Aged About 36 Years R/o Shitla Para Gobra Nawapara, Presently R/o Near Sai Mandir, Rawatpura Phase 2, P.S. Tikrapara, District Raipur Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House Officer, P.S. City Kotwali District Raipur Chhattisgarh. ... Non-applicant For Applicants : Ms. Anamika Jain, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2025 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 applicants who have been arrested in connection with Crime No. 76/2025 registered at Police Station City Kotwali, District Raipur (C.G.) for the offence under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.24 11:28:25 +0530 2 2. As per the prosecution case, on 06.05.2025, upon receiving information from the informant, the police of Thana City Kotwali, Raipur, acting under the mandatory provisions of the NDPS Act, recovered 930 grams of ganja from the possession of the applicant No. 01 wrapped with cello tape from Gurukul Complex, Raipur. Additionally, 1 kg of ganja wrapped with cello tape was recovered from the possession of applicant no. 2, Bhavesh alias Monu Sachdev, 2 kg from the possession of accused Kunal Kashyap, and 1 kg from the possession of co-accused Rishabh Mahobia. Thus, a total of 5 kg and 30 grams of ganja was seized from all the accused, and the investigation is being conducted under Section 20- B of the NDPS Act. 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. She 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. She also submits that from the possession of the applicants 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 No. 01 and applicant No. 02, 930 grams and 1 kg respectively. It is further submitted by the learned counsel for the applicants that the applicants have no criminal antecedents and they are in jail since 06.05.2025 and conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicants. 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 3 that the applicant No. 01 has 03 criminal antecedents under the IPC and applicant No. 02 has 02 criminal antecedents under the IPC, the said criminal antecedents show that the present applicants are habitual offender, therefore, the present applicants are not entitled for grant of bail. 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 from the possession of applicant No. 1 and applicant No. 2, contraband articles of Ganja, 930 grams and 1 kg respectively, were seized, which is less than the commercial quantity; moreover, the present applicants have 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 and the applicants are in jail since 06.05.2025, conclusion of the trial may take some time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case 7. Let the Applicants - Karan Tiwari and Bhawesh Sachdev, involved in Crime No. 76/2025 registered at Police Station City Kotwali, District Raipur (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 sureties each 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 they 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 4 pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 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 them 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