1 2025:CGHC:7079 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 19 of 2025 Sagar Kandara @ Magga S/o Sanmugam Kandara Aged About 24 Years R/o Gandhi Chowk Raabandha Basti Bhilai, Police Station- Bhilai Nagar, District- Durg (C.G.). ... Applicant versus State Of Chhattisgarh Through, Police Station Bhilai Nagar, District- Durg(C.G.). ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate, as well as Mr. Bhaskar Jha, Advocate. For Non-applicant : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.02.2025 1. This is the Second 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. 311/2024 registered at Police Station Bhilai Nagar, District Durg (C.G.) for the offence under Sections 20(B) of NDPS Act, 1985. 2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Bhilai Nagar, District Durg (C.G.) through the informant and on the basis of such information, the Police has seized 2 a total of 5.400 Kgs. of Ganja from the possession of the present applicant. Thereafter, the applicant was arrested by the Police and the aforesaid offence has been registered. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicants 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 5.400 Kgs of Ganja has been seized. It is further submitted that there are 15 criminal antecedents of the applicant out of which he has been acquitted in 7 cases and rest cases are pending but there are no any case under the NDPS Act, and he is in jail since 17.07.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there are 15 criminal antecedents of the applicants. It is submitted that a total of 5.400 Kgs of Ganja has been recovered from the possession of the applicants, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the 3 parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 5.400 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, further there are 15 criminal antecedents of the applicant out of which he has been acquitted in 7 cases and rest cases are pending but there are no any case under the NDPS Act, and further that the applicant is in jail since 17.07.2024 and 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. 7. Let the Applicant - Sagar Kandara @ Magga, involved in Crime No. 311/2024 registered at Police Station Bhilai Nagar, District Durg (C.G.) for the offence under Sections 20(B) of NDPS Act, be released on bail on furnishing personal bond with two heavy sureties 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 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 sufÏcient 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 4 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 sufÏcient 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 hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. OfÏce 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 Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA