1 2025:CGHC:57012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9503 of 2025 Amit Katle S/o Lakhan Katle Aged About 32 Years R/o Ward No. 12, Sambalpur, Police Station - Nawagarh, District - Bemetara (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Lavan, District - Balodabazar - Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Karan Chandrakar, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.11.2025 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. 370/2025 registered at Police Station Lavan, District Balodabazar-Bhatapara (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution in brief is that on 19.09.2025, the police of Police Station Lavan received secret information from an informant that co-accused Keshav Prasad Sahu was in possession of ganja at his house and was attempting to sell it while searching for customers. On the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.25 11:28:34 +0530 2 basis of the secret information given by the informant, the police of Police Station Lavan, District Balodabazar-Bhatapara (C.G.), conducted a raid at Kumhari at the house of co-accused Keshav Prasad Sahu and recovered ganja kept in two bags consisting 13.074 kg in a yellow bag and 0.774 kg in another bag printed with the word “Shruti,” totaling 13.848 kg, valued at Rs. 1,66,176/-, along with a Vivo mobile phone valued at Rs. 15,000/-. In his memorandum statement, co-accused Keshav Prasad Sahu stated that he had purchased the ganja from Ghanshyam Sao, S/o Gharindar Sao, R/o Bhagatdevri, and that he was attempting to sell the ganja to the present applicant, Amit Katle, R/o Sambalpur, Mungeli. The police of Police Station Lavan, District Balodabazar-Bhatapara (C.G.), thereafter registered FIR bearing Crime No. 370/2025 for the offence punishable under Section 20(b) of the NDPS Act against the co-accused person. 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 the seized contraband article i.e. 13.848 kgs of Ganja was not recovered from the possession of the applicant and that, merely on the basis of memorandum statement of the co-accused, namely, Keshav Prasad Sahu. He also 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 co-accused, namely Keshav Prasad Sahu 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 said co-accused 13.848 kgs of Ganja was seized. He also submits that the present applicant has three criminal antecedents, two 3 cases under the Excise Act and one case under the Gambling Act and all of them have already been disposed of. The applicant has been in jail since 20.09.2025, and the conclusion of the trial is likely to take quite a long time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that no recovery has been made from the possession of the present applicant and he has three criminal antecedents, two cases under the Excise Act and one case under the Gambling Act and all of them have already been disposed of, moreover, the charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 20.09.2025, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant - Amit Katle, involved in Crime No. 370/2025 registered at Police Station Lavan, District Balodabazar-Bhatapara (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on 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 4 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 his 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 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. 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 Abhishek