1 2025:CGHC:166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9000 of 2024 Shekhar Dewangan S/o Mangalchand Aged About 34 Years Resident of Ward No.3, Kanwarpara, Champa, Police Station Champa, District - Janjgir-Champa Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Champa, District - Janjgir-Champa Chhattisgarh ... Non-Applicant For Applicant : Amit Singh Chauhan, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2025 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. 360/2024 registered at Police Station- Champa, District - Janjgir-Champa (C.G.), for the offence punishable under Section 20-(B), 29 of the Narcotic Drugs Psychotropic Substance Act. 2 2. Case of the prosecution, in brief, is that on 01.09.2024, the Assistant Sub-Inspector of Police Station, Champa received information from informant to the effect that one Virendra Dewangan is selling cannabis near Bajrang Bali Mandir, Champa. On the basis of said information, the police personnel reached the spot and allegedly recovered 1.500 kg. cannabis from the accused Virendra Dewangan. Accordingly the said Virendra Dewangan was arrested and his memorandum was recorded, who disclosed that he was brought cannabis from the accused Yashasvi @ Yash Kansari, upon which, the said Yashasvi @ Yash Kansari was arrested and his memorandum was recorded on 03.10.2024, who disclosed that he was brought the cannabis from the present applicant. On the basis of memorandum of Yashasvi @ Yash Kansari, the police has also proceeded against the applicant. 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 accused, namely, Virendra Dewangan only 1.500 Kgs of cannabis has been recovered. It is further submitted that the applicant has three previous criminal antecedents, out of which one case is under the NDPS Act in which he has been acquitted and other two cases are under the IPC, which are pending. It is also submitted 3 that the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 03.12.2024, 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 are three previous criminal antecedents, 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 three criminal antecedents, out of which, one is under the NDPS Act, in which he has been acquitted and other two cases are under the IPC which are pending, further the charge-sheet has been filed and the applicant is in jail since 03.12.2024, 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 applicant, Shekhar Dewangan involved in Crime No. 360/2024 registered at Police Station- Champa, District - Janjgir-Champa (C.G.), for the offence punishable under Section 20-(B), 29 of the Narcotic Drugs Psychotropic Substance Act, be released on bail on his furnishing 4 a 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 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, 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) 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti