1 2025:CGHC:5832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 895 of 2025 Smt. Pooja Patel S/o Sherbhadur Patel Aged About 26 Years R/o Village Raura, P.S. Lalgau Distt. Rewa M.P. ... Applicant versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station Bhatapara (Town), District- Baloda-Bazar Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. V.S. Mishra, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.01.2025 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. 466/2024 registered at Police Station Bhatapara (Town) District - Balodabazar-Bhatapara (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Bhatapara (Town) District - Balodabazar-Bhatapara (C.G.), received a secret information from the informant and on the said information, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 police conducted a raid and seized 7.590 Kgs of Ganja from the possession of the present applicant near Sidhabab liquor shop. 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 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 possession of the applicant 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 7.590 kgs of Ganja has been seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedent and she is in jail since 07.10.2024 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 in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedent. He further submits that from the possession of the present applicant i.e. 7.590 Kgs of Ganja was seized, therefore, the present applicant is not entitled for grant of bail. 3 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 in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent and also considering the fact that the present applicant is a lady and the quantity of contraband article seized from her i.e. 7.590 Kgs of Ganja, which is less than commercial quantity and she is in jail since 07.10.2024 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. 7. Let the Applicant – Smt. Pooja Patel, involved in Crime No. 466/2024 registered at Police Station Bhatapara (Town) District - Balodabazar- Bhatapara (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 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under 4 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law. 8. However, this Court hopes and trust that the trial Court should make an earnest endeavour to conclude the trial as expeditiously as possible preferably within a period of six months from the date of receipt of a certified copy of this order, 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal