1 2025:CGHC:169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9006 of 2024 Paramjeet Singh S/o Shri Guru Dayal Singh Aged About 32 Years R/o Saiflabad, Sanyal, Jalandhar P.S. Kotwali Jalandhar Punjab, Present Address- Harshit Vihar House No. 01, Tatibandh Distt. Raipur, C.G. ... Applicant versus State of Chhattisgarh Through P.S. Khamtarai, District Raipur, C.G. … Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Mr. Subha Shrivastava, 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. 817/2024 registered at Police Station- Khamtarai, District Raipur(C.G.), for the offence punishable under Section 18 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 20.10.2024, the Police of Police Station Khamtarai received a secret information that the 2 present applicant is carrying opium, after that the Police intercepted applicant and from him 450gms of Opium was seized. Hence, the FIR. 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 present applicant only 450 Gms of opium has been seized. It is also submitted that the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 21.10.2024, 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 total 450 Grams of opium 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 Opium seized from the possession of the applicant i.e. 450 Grams, which is less than commercial quantity, the applicant has no previous criminal antecedents, further the charge-sheet has been filed and the applicant is in jail since 21.10.2024, the 3 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, Paramjeet Singh involved in Crime No. 817/2024 registered at Police Station- Khamtarai, District Raipur(C.G.), for the offence punishable under Section 18 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing 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 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 4 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) 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 them in accordance with law. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial 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