1 2025:CGHC:364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7500 of 2024 Vikas Panigrahi S/o Shri Ramakishuna Panigrahi Aged About 22 Years R/o Alladigaon P.S. And Tahsil Purushottampur District Ganjam Odisha. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Bodhghat, District Bastar (C.G.) ...Non-applicant For Applicant : Mr. Vinod Kumar Tekam, Advocate For Non-applicant : Ms. Monika Singh Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 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. 313/2024 registered at Police Station Bodhghat, District - Bastar (C.G.), for the offence punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the “NDPS Act”). ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.04 18:54:44 +0530 2 2. The prosecution story, in brief, is that on 30.07.2024, Police of Police Station Bodhghat District- Bastar (C.G.) have received a secret information from the informant that one person has kept 5 Kgs. of illegal contraband Ganja in his possession for sale and the Police has recovered the said contraband Ganja of 5 Kgs. in an open place. Thereafter, the applicant was arrested in the present case. 3. It has been argued by the learned counsel for the applicant submits that the applicant has been falsely implicated in this case and said contraband (Ganja) was not seized from the exclusive possession of the applicant, but the same was seized in an open place. 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 5 Kgs. contraband article i.e. (Ganja) has been seized. It is further submitted by the learned counsel for the applicant that the applicant is in jail since 30.07.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned State 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 but the trial is in progress. She further submits that three bail applications have been filed by the applicant in similar offence i.e. NDPS Act in the State of Odisha. He further submits that from the possession of the applicant contraband article i.e. 5 Kgs. of Ganja is seized, therefore, the present applicant is 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 the contraband article i.e. 5 Kgs. Ganja has been seized from an open place and not in exclusive possession of the applicant, which is less than commercial quantity, and the charge-sheet has been filed but the trial is in progress, this court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Vikas Panigrahi involved in Crime No. 313/2024, registered at Police Station- Bodhghat, District- Bastar, (C.G.) for the offence punishable under Section 20-B of the NDPS Act, be released on bail on their furnishing personal bond with two Local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) 5 opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.- Sd/- (Ramesh Sinha) Chief Justice Anu