1 2025:CGHC:61034 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8992 of 2025 Karan Chandrakar S/o Manoj Chandrakar Aged About 21 Years R/o Krishna Nagar, Lohar Para, Ward No. 08, Near Gauri Chora, P.S. Supela, Bhilai, Tehsil And District Durg, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Sho Police Station Supela, Durg, District Durg (C.G.) ... Non-applicant(s) For Applicant : Mr. Shikhar Bakhtiyar, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.12.2025 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. 1092/2025 registered at Police Station Supela District - Durg (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, on 16.09.2025, Assistant Sub- Inspector Rajesh Tiwari of Police Station Supela received secret KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information from an informer that a person was selling contraband ganja near R.K. Ground Slaughter House, Supela, for illegal gain. Acting upon the said information, the police party, along with independent witnesses, reached the spot and apprehended the accused by surrounding him. Upon conducting a search, one yellow plastic carry bag was found in the possession of the accused, containing contraband ganja weighing 1.060 kilograms, valued at Rs. 10,500/-, along with cash amounting to Rs. 350/-, alleged to be the sale proceeds of the contraband. The accused failed to produce any valid licence or document authorizing possession or sale of the said contraband substance. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and said contraband (Ganja) was not seized from the possession of the applicant. He further submits that the 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 less than 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 possession of the applicant only 1.60 Kgs contraband (Ganja) has been seized. He further submits that the applicant is in jail since 16.09.2025 moreover, the applicant 3 has three criminal antecedents which have already been explained in the bail application of para No.4(A) 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 Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that from the possession of the present applicant 1.60 Kgs of Ganja was 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 that the present applicant has three criminal antecedents out of which two cases are under the IPC and one case is under the Excise Act and in all cases he is on bail as explained in the bail application of para No.4(a) and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and the applicant is in jail since 16.09.2025 and 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. Accordingly, the bail application is allowed. 8. Let the Applicant – Karan Chandrakar, involved in Crime No. 4 1092/2025 registered at Police Station Supela District - Durg (C.G.) for the offence under Section 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 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 5 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal