1 2025:CGHC:20710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2745 of 2025 1 - Devakishore Padhan S/o Shri Seshadhar Padhan Aged About 35 Years, R/o Village-Samachuan, Post- Gandapatrapali, Tehsil And Police Station - Saintala, District- Balangir, Odisha. 2 - Jaimangal Padhan S/o Late Shri Kripa Padhan Aged About 38 Years R/o Village- Kapsi, Post And Police Station - Saintala, District- Balangir, Odisha. ... Applicants versus Union Of India Through - Inspector, Narcotics Control Bureau, Zonal Unit Raipur, Having Its Office At D Wing, Third Floor, Central Secretariat Building, Sector- 24, Atal Nagar, Naya Raipur, District- Raipur (C.G.) (Wrongly Mentioned As State Of Chhattisgarh In The Order Impugned) ... Respondent For Applicant : Shri Anmol Sharma, Advocate. For Respondent/UOI : Shri Ramakant Mishra, DSGI. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/05/2025 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.01/2025, registered at Police Station – Narcotics Control Bureau, Zonal Unit GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.07 16:43:50 +0530 2 Raipur, District Raipur (C.G.) for the offence punishable under Sections 8, 20 & 29 of N.D.P.S Act. 2. The prosecution story, in brief, is that on 04.03.2025 the Joint team of NCB Raipur and RPF Post Durg conducted search operation in General and Sleeper Coach of Puri-Durg Express Train from Raipur Junction to Durg Junction. During the Search operation the team reached S-3 Coach where the present applicants were found and during search of the accused persons police authorities seized Ganja weighing about 12.396 Kgs from the joint possession of applicants accordingly, they were arrested on 04.03.2025. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and they 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 joint 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 joint possession of the applicants only 12.396 Kgs of Ganja has been seized. It is further submitted that the applicants are in jail since 04/03/2025 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 Union of India opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no criminal antecedents of the applicants. It is submitted that a total of 12.396 Kgs of Ganja has been 3 recovered from the joint 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 parties as well as considering the quantity of Ganja seized from the joint possession of the applicants i.e. a total of 12.396 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed and there is no criminal antecedents of the applicants and further that the applicants are in jail since 04/03/2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicant No.1 Devakishore Padhan and applicant No.2 Jaimangal Padhan involved in Crime No.01/2025, registered at Police Station – Narcotics Control Bureau, Zonal Unit Raipur, District Raipur (C.G.) for the offence punishable under Section 8, 20 & 29 of N.D.P.S Act, be released on bail on each of them furnishing a personal bond with two local 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. 4 (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 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 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 hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, within a period of six months from the date of receipt of this order in accordance with law, 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/- Sd/- (Ramesh Sinha) Chief Justice gouri