1 / 5 2025:CGHC:4463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 697 of 2025 1 - Manoj Kumar Singh S/o Hemnarayan Singh Aged About 56 Years Resident Of Village Jhadsuguda, B.T.M. Colony, Police Station Sadar, District Jharsuguda (Odisha) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Out Post Basdei, Police Of Police Station Surajpur, District Surajpur, Chhattisgarh ... Non-applicant For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 1. This is the first bail application filed 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. 620/2024 registered at Police Station – Out Post, Basdei, Surajpur, District Surajpur, Chhattisgarh, for the offence under Section 20(B), 27(A) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 04.11.2024, the police went to the Surajpur Road to check the passenger and when the SHAYNA KADRI Digitally signed by SHAYNA KADRI Date: 2025.01.25 13:45:33 +0530 2 / 5 passenger were waiting for the train, the police obtained the name and address and other particulars of passengers and in the meantime, one of the accused i.e. Karambeer Kumar Patil Chhotu was standing in a suspicious condition nearby the parking of railway and since the answer given by Karambeer Patil @ Chhotu was not satisfactory, the police search the bag and the police seized 5.299 KG of contraband ganja from his possession. Police investigated the matter and the notice under Section 67 of NDPS Act was issued to Karambeer Patil, in which he stated that he brought the Ganja for applicant, subsequently the police investigated the matter and arrested the present applicant for the commission of alleged offences. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. 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. He also submits that from the possession of the applicant intermediate quantity of Ganja was 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 present applicant only 5.299 Kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has 14 criminal antecedents to which he has already been given explanation in present bail application. He further submits that the present applicant is in jail since 15.11.2024 and the conclusion of 3 / 5 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. He further submits that from the possession of the applicant contraband article i.e. 5.299 Kgs of Ganja was seized, therefore, he 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 that the present applicant has 14 criminal antecedents out of which only one case is under N.D.P.S. Act in which applicant has already been acquitted. Moreover, contraband article i.e. 5.299 Kgs of Ganja was recovered from the possession of the present applicant, which is less than commercial quantity. Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 15.11.2024 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 - Manoj Kumar Singh, involved in Crime No. 620/2024 registered at Police Station – Out Post, Basdei, Surajpur, District Surajpur, Chhattisgarh, for the offence under Section 20(B), 27(A) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 4 / 5 1985, be released on bail on furnishing 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 sufÏcient 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 5 / 5 of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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 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 receipt of this order in accordance with law, if there is no legal impediment. 9. OfÏce 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 Shayna