1 2025:CGHC:12107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 808 of 2025 Premchand Charan Das Rathore S/o Late Charan Das Rathore, Aged About 38 Years, R/o Village Lalkheda, Police Station - Chandur, District Amrawati, Maharashtra … Applicant versus State of Chhattisgarh Through Police Station- City Kotwali, Raipur, C.G. ... Non-Applicant For Applicant : Mr. Vinay Nagdev, Advocate (through Video Conferencing). For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 152/2024 registered at Police Station- GRP Raipur, District - Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs Psychotropic Substance Act. 2. Case of the prosecution, in brief, is that the Investigating OfÏcer received classified information in perusal of which while conducting raid, he seized PREETI KUMARI Digitally signed by PREETI KUMARI 2 03.100 kg of Ganja from applicant, and 2.30 kg from other 2 Co-Accused, where after the applicant was arrested and produced before the concerned remand court which remanded him to judicial custody. The applicant has been in custody since 07.11.2024 and the fact that the applicant has been remanded to judicial custody makes it apparent that there is no need of custodial interrogation. Hence, the applicant can be enlarged on bail subject to the conditions imposed by this Hon'ble Court. 3. It has been argued by the learned counsel for the applicant that from the possession of the present 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 for Ganja as prescribed under the schedule is more than 20 Kgs. and from the possession of the applicant only 03.100 kilograms of (Ganja) has been recovered. It is further submitted that the applicant has no previous criminal antecedents in the State of Maharashtra and Chhattisgarh. It is also submitted that the charge-sheet has been filed and the applicant is in jail since 07.11.2024, hence he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has no previous criminal antecedents in the State of Maharashtra and Chhattisgarh. She further submits that total 03.100 Kilograms of Ganja, has been seized from the possession of the present applicant, therefore, his bail application is liable to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 3 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of psychotropic substance Ganja seized from the possession of the applicant is less than commercial quantity, the applicant has no previous criminal antecedents in the State of Maharashtra and Chhattisgarh, further the charge-sheet has been filed and the applicant is in jail since 07.11.2024, 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 without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. Let the applicant- Premchand Charan Das Rathore involved in Crime No. 152/2024 registered at Police Station- GRP Raipur, District - Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs Psychotropic Substance Act, be released on bail on his 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 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 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. 4 (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. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, 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/- (Ramesh Sinha) Chief Justice Preeti