1 2025:CGHC:51948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8430 of 2025 Ramesh Peshwani S/o Late Jotumal Peshwani Aged About 65 Years R/o Jhanda Chowk, Near Peshwani Sons Cement Shop, P.S. Pandri, Distt. - Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Public Prosecutor Distt. - Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pranav Tiwari, Advocate. For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 196/2025 registered at Police Station Pandri, District - Raipur (C.G.) under Section 20(b)(2), 18(b), 22(b), 2 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 01.08.2025 at approximately 16:15 hours, Sub-Inspector Rajendra Kumar Kurre of Police Station Pandri received a confidential tip-off that Ramesh Peshwani, a resident of Jhanda Chowk, Raipur, was near I-Sports Badminton Arena, Mowa, with a vehicle (Chhota Hathi CG-04 HW- 2591) containing ganja for sale. Upon searching the vehicle’s toolbox, police recovered eight packets of ganja wrapped in red plastic, weighing 163 grams, which were seized alongwith the vehicle and a Vivo mobile phone in the presence of witnesses. Ramesh Peshwani (65 years) was taken into custody and a preliminary FIR (Dehati Nalshi) was registered under Section 20(b) (2) of the NDPS Act. During interrogation, Ramesh disclosed that his son, Shiv Peshwani, had brought additional narcotic substances and kept them hidden in a drawer at their residence. Acting on this information, police recovered 1.172 kg of ganja, 100 Nitrazepam tablets (totaling 74 grams), and 286 grams of an opium-like substance from the house, again in the presence of witnesses. On review, offences under Sections 20(b)(2), 18(b), 22(b), 25, and 29 of the NDPS Act were found to have been committed by Ramesh Peshwani and his son Shiv Peshwani, following which the case was formally registered and investigation initiated. The applicants have been arrested for the commission of the alleged offences. Hence, the bail application. 3 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the 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 of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 1.63 kg Ganja has been seized. He later submits that the applicant has no criminal antecedent and he is in jail since 01.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he 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 filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. He further submits that from the possession of the applicant contraband article i.e. 1.63 kg of Ganja is seized, but during interrogation, present applicant disclosed that his son, Shiv Peshwani, had brought additional narcotic substances and kept them hidden in a drawer at their residence and based on said information police recovered 1.172 kg of ganja, 100 Nitrazepam tablets (totaling 74 grams), and 286 4 grams of an opium-like substance from the house, therefore, the present applicant is not entitled for grant of bail. 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 and the fact that the applicant has no criminal antecedent though from the possession of the co-accused who is present applicant's son, as per statement of present applicant seized 1.172 kg of ganja, 100 Nitrazepam tablets (totaling 74 grams), and 286 grams of an opium-like substance from the house, but from the possession of the applicant contraband article i.e. 1.63 kg Ganja recovered, which is less than the commercial quantity, further the case of present applicant is distinguishable from that of the his son and charge- sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant - Ramesh Peshwani, involved in Crime No. 196/2025 registered at Police Station Pandri, District - Raipur (C.G.) under Section 20(b)(2), 18(b), 22(b), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 5 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 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 fixed 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 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 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 him in accordance with law. 9. Office 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 Akhil