1 2025:CGHC:60047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10152 of 2025 Digambar Sidar @ Dev Son Of Chaitram Sidar Aged About 27 Years (As Per Order Sheet Digambar Sidar @ Dev) Son Of Chaitram Sidar, Resident Of House No. 324/1 Ward No. 11 Chandani Chowk Raigarh, Tehsil And District Raigarh (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through The Officer In Charge Of Police Station Sariya, District Sarangarh Bilaigarh (C.G.) ... Respondent(s) For Applicant(s) : Ms. Manju Naik, Advocate. For Respondent(s) : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/12/2025 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. 175/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sariya, District Sarangarh Bilaigarh (C.G.) under Section 20(b), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 04.08.2025 the police received secret information that a blue, numberless TVS Jupiter Scooty was transporting Ganja from Odisha towards Raigarh. Acting on the tip, the police set up a blockade near Khairgadi Nala and intercepted the Scooty coming from Ambabhawna, Odisha. The driver identified himself as Digambar Sidar @ Dev, and the pillion rider as Shubham Bareth. On searching the vehicle, the police recovered five packets containing a total of 11.575 kg of Ganja. The contraband was found in the vehicle under Digambar’s possession, showing his prima-facie involvement in illegal transportation of Ganja, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 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. She 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. She also submits that from the join possession of the applicant and co-accused intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 3 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 applicant and co-accused only 11.575 kg Ganja has been seized. She later submits that the applicant has no criminal antecedent and he is in jail since 04.08.2025 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 joint possession of the applicant and co-accused contraband article i.e. 11.575 kg of Ganja is seized, 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 and the contraband article i.e. 11.575 kg Ganja recovered from the joint possession of the applicant and co-accused is less than the commercial quantity and the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the application is allowed. 8. Let the Applicant - Digambar Sidar @ Dev, involved in CCrime No. 175/2025 registered at Police Station Sariya, District Sarangarh Bilaigarh (C.G.) under Section 20(b), 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 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. 5 (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. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 10. 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