1 2025:CGHC:55592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9195 of 2025 Samdani Khan S/o Late Rahimuddin, Aged About 42 Years R/o Village Shivpur, P.S. Ramanuj Nagar District Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House O0cer, Police Station Patna, District Koriya (C.G.) ... Non-applicant For Applicant : Ms. Seema Verma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.11.2025 1. This is the 6rst bail application 6led 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. 159/2025 registered at Police Station Patna, District Koriya (C.G.) for the o<ence under Sections 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on the basis of secret information received on 12.08.2025, the police reached Village Maja and intercepted the applicant along with his motorcycle. During the search, they allegedly found 120 Spasmo Proxyvon Plus tablets kept in a white ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.14 16:24:05 +0530 2 polythene bag. These 120 tablets jointly contain 46.200 grams of Tramadol, a narcotic substance. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. She also submits that from the possession of the applicant intermediate quantity of tramadol was seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of tramadol as prescribed under the schedule is 250 grams and from the possession of the applicant only 46.200 grams of contraband tramadol was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents and he is in jail since 12.08.2025 and conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been 6led in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedents. 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. 46.200 grams of contraband tramadol was recovered from the possession of the applicant, which is less than commercial quantity. Moreover, the present applicant has no criminal antecedents. Also considering the fact that the charge-sheet has been 3 6led in the present case before the competent Court and the applicant is in jail since 12.08.2025, conclusion 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 - Samdani Khan, involved in Crime No. 159/2025 registered at Police Station Patna, District Koriya (C.G.) for the o<ence under Sections 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 6le an undertaking to the e<ect that he shall not seek any adjournment on the dates 6xed 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 6xed, either personally or through his counsel. In case of his absence, without su0cient cause, the trial court may proceed against his 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 6xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (iv) The applicant shall remain present, in person, before the trial court on the dates 6xed 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 su0cient 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. O0ce is directed to send a certi6ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek