1 2025:CGHC:4062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8610 of 2024 Neeraj Singh S/o Jeet Bahadur Singh Aged About 33 Years R/o Nibawal, P.S. Lalganj, District Mirjapur Uttar Pradesh (Detail of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Singhoda, District Mahasamund Chhattisgarh ... Non-Applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/01/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 02/2024 registered at Police Station- Singhoda, District - Mahasamund (C.G.), for the offence punishable under Section 20 (b) of the Narcotic Drugs Psychotropic Substance Act. 2. Case of the prosecution, in brief, is that a secret information received by the informant that the unknown person has kept illegal contraband ganja PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.23 19:40:39 +0530 2 in his motorcycle to sell and police has seized 10 KGs contraband ganja from place of incident and thereafter, prepared the seizure memo and arrested the applicant on 10.01.2024 for alleged offence punishable under 20 (b) of the N.D.P.S. 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 Ganja has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Ganja as prescribed under the schedule is more than 20 Kgs. and from the possession of the applicant only 10 KGs of contraband Ganja has been recovered. It is further submitted that the applicant has no previous criminal antecedents. It is also submitted that the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 10.01.2024, 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 there is no previous criminal antecedents of the applicant and total quantity i.e. 10 KGs of contraband Ganja has been recovered from the possession of the applicant, therefore, his bail application is liable to be dismissed. 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 Ganja seized from the possession of the applicant is less than commercial quantity, the applicant has no criminal antecedents, further the charge-sheet has been filed and the applicant is in jail since 3 10.01.2024, the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is 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, Neeraj Singh involved in Crime No. 02/2024 registered at Police Station- Singhoda, District - Mahasamund (C.G.), for the offence punishable under Section 20 (b) of the Narcotic Drugs Psychotropic Substance Act, be released on bail on his furnishing a 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 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, 4 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 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