1 2025:CGHC:58884 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9885 of 2025 1 - Shekh Imran S/o Shekh Aarif Aged About 26 Years R/o Ward No. 5, Talab Gali, Sahu Dukan Ke Samne Ram Nagar, Rajnandgaon (C.G.) 2 - Akila Vegam W/o Shekh Aarif Aged About 55 Years R/o Ward No. 5, Talab Gali, Sahu Dukan Ke Samne Ram Nagar, Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Fingeshwar, District- Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Mr. Swajeet Ubeja, Panel Laweyr. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/12/2025 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 applicants who have been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 273/2025 registered at Police Station Fingeshwar, District- Gariyaband (C.G.) under Section 20(b)(ii) (B)of the Narcotic Drugs and Psychotropic Substances Act and Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 09.09.2025, acting on information received from an informer, the police of Police Station Fingeshwar, District Gariyaband (C.G.) intercepted a Bajaj Pulsar motorcycle bearing registration No. CG-08-AU-1779 belonging to the applicants. During the search, the police seized 8.916 kg of contraband Ganja from the joint possession of the accused persons, on the basis of which an FIR was registered against them. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He 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. He also submits that from the joint possession of the applicants and other accused persons, 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 and other accused persons 3 only 8.916 kg Ganja has been seized. He later submits that the applicants have no criminal antecedent and they are in jail since 09.09.2025, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 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 applicants have no criminal antecedent. He further submits that from the joint possession of the applicants and other accused persons contraband article i.e. 8.916 kg of Ganja is seized, therefore, the present applicants are 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 applicants have no criminal antecedent and the contraband article i.e. 8.916 kg Ganja recovered from the joint possession of the applicants and other accused persons 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 applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicants - Shekh Imran and Akila Vegam, involved in Crime No. 273/2025 registered at Police Station Fingeshwar, District- Gariyaband (C.G.) under Section 20(b)(ii)(B)of the Narcotic Drugs and Psychotropic Substances Act and Sections 25 and 27 of Arms Act, be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 are 5 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. 9. 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