1 2025:CGHC:59783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8780 of 2025 1 - Salik Das @ Subhash S/o Late Dayadas Aged About 32 Years R/o Brajrajnagar Jhopdi Para, Police Station Orient, District Jharsuguda (Odisha) 2 - Nayan Sahu S/o Sushant Kumar Sahu Aged About 23 Years R/o Village Kelda Mal, Police Station- Kolabira, District Jharsuguda (Odisha), Present Address Ward No. 03, Abhaypur Brajrajnagar Police Station Orient, District Jharsuguda (Odisha) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Jutmil Raigarh, District Raigarh C.G. ... Respondent For Applicants : Shri Prabhat Kumar Saxena, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/12/2025 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. 352/2025, registered at Police Station – Jutmil Raigarh, District Raigarh C.G. for the offence punishable under Section 20(B) of Narcotic Drugs & Psychotropic Substances Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.10 17:59:17 +0530 2 2. The prosecution story, in brief, is that on 10/10/2025 the concerned police of police station Jutmil Raigarh of Assistant Sub Inspector Rajendra Singh Patel received secret information through informant that the applicants are having contraband Ganja under jurisdiction District Raigarh for raid proceeding in vehicle T.V.S. motorcycle bearing registration No.OD-23T-8663 in a black colour having in bag contraband material Ganja total 05.008 Kilogram for the purpose of sale. On the basis of such information the concerned police with staff reached on spot and after search enquiry has been initiated by the police of police station Jutmil Raigarh thereafter the police team has been found Ganja about 05.008 Kilogram. Thereafter the concerned police of police station Jutmil Raigarh investigated the matter and registered the crime for an offence punishable under section 20(B) of Narcotic Drugs & Psychotropic Substances Act against the present applicants. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated 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 05.008 Kilogram of Ganja has been seized. It is further submitted that the applicants are is in jail since 11/10/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 3 4. On the other hand, learned counsel for the State opposes the bail application and submits that there is one criminal antecedent of the applicant No.1 of the year 2022 and applicant No.2 has no criminal antecedents. It is submitted that a total of 05.008 Kilogram of Ganja has been 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 05.008 kgs, which is less than the commercial quantity, also considering the fact that there is one criminal antecedent of the applicant No.1 of the year 2022 and applicant No.2 has no criminal antecedents and further that the applicants are in jail since 11/10/2025 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Salik Das @ Subhash & Nayan Sahu, involved in Crime No.352/2025, registered at Police Station – Jutmil Raigarh, District Raigarh C.G. for the offence punishable under Section 20(B) of Narcotic Drugs & Psychotropic Substances 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:- 4 (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. (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 fails 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri