1 2025:CGHC:53621 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8717 of 2025 Amar Khare S/o Shri Ravi Khare Aged About 23 Years Occupation- Labourer, R/o Power House Sanjay Nagar, P.S. Adhrtal, District- Jabalpur M.P. ... Applicant versus State of Chhattisgarh Through Station House O3cer P.S. Chilphi, District- Kabirdham C.G. .. Non-applicant For Applicant : Mr. Brajesh K. Rajak, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.11.2025 1. This is the 7rst bail application 7led 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. 28/2025 registered at Police Station Chilphi, District Kavardha (Kabeerdham) (C.G.) for the o<ence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution, on 22/07/2025, the police received discreet information from an informant stating that two boys, while riding a bike/scooter bearing registration number M.P.-20 ZU-8278, were traveling on the Raipur–Kawardha–Jabalpur route and were allegedly ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.04 13:14:43 +0530 2 transporting contraband (Ganja) illegally. It was further informed that two more boys were accompanying them on another scooter bearing registration number M.P.-20 ZK-7484, acting as pilots. Upon receiving the said information, the police took prompt action and conducted a raid at the informed location, i.e., in front of N.H.-30 check post. During active checking, the said scooters arrived at the spot. When the police attempted to stop them, the suspects tried to Dee; however, they were apprehended by the police team while following proper procedure. Upon inquiry, the accused persons disclosed their names as Sonu Thakur, Rahul Thakur, Ankit Patel, and Amar Kahre, along with their respective addresses. The police informed them about the received information and conducted the necessary formalities as required under the N.D.P.S. Act. Subsequently, the police proceeded to search the accused persons and their vehicles. During the search of scooter M.P.-20 ZK-7484, 7ve packets of suspected contraband (believed to be Ganja) were found. The police tested the substance using a drug detection kit and weighed it, which amounted to a total of 10.300 kg. Thereafter, all the accused persons were arrested. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the prosecution agency has not followed the provisions under Section 42 of the NDPS Act and did not obtain a search warrant from the superior authority. He also submits that from the possession of the co-accused, an intermediate quantity of Ganja was seized; therefore, the rigors of Section 37 of the NDPS Act will not apply, as the commercial quantity of Ganja prescribed under the Schedule is more than 20 kilograms, whereas only 10.300 kilograms were seized from the possession of the co-accused. It is further submitted by the learned counsel for the 3 applicant that the applicant has 7ve criminal antecedents, out of which three cases under the Gambling Act have already been disposed of, one case under the BNS is pending, and one case is untraceable, for which an explanation has been provided in the present bail application. He also submits that the applicant has been in jail since 22.07.2025 and that the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel appearing for the State/non- applicant has opposed the bail application and submitted that the charge-sheet has already been 7led before the competent Court. She submits that the allegation against the applicant is that he was piloting a scooter for the other co-accused persons, namely, Ankit, Sonu Thakur and Rahul who were carrying the contraband Ganja. Considering the criminal antecedents of the applicant, it is submitted that his bail application deserves to be dismissed. 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. 10.300 Kgs of Ganja was recovered from the possession of the other co-accused, namely Ankit, Sonu Thakur and Rahul which is less than commercial quantity, moreover, the present applicant has 7ve criminal antecedents, out of which three cases under the Gambling Act have already been disposed of, one case under the BNS is pending, and one case is untraceable, for which an explanation has been provided in the present bail application, also considering the fact that the charge-sheet has been 7led in the present case before the competent Court and the applicant is in jail since 22.07.2025, conclusion 4 of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Amar Khare, involved in Crime No. 28/2025 registered at Police Station Chilphi, District Kavardha (Kabeerdham) (C.G.) for the o<ence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 7le an undertaking to the e<ect that he shall not seek any adjournment on the dates 7xed 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 7xed, either personally or through his counsel. In case of his absence, without su3cient 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 7xed 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 7xed for (i) opening of the case, 5 (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 su3cient 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. O3ce is directed to send a certi7ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek