1 2026:CGHC:5991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1137 of 2026 Sanjay @ Sanjay Gupta S/o Arvind Gupta Aged About 30 Years R/o Near Bargad Tree, Infront Of Bimla Kirana Stores, Nehru Nagar, Raipur, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- The Station House OfÏcer Police Station- City Kotwali, District- Raipur (C.G.) ... Non-applicant(s) For Applicant : Mr. Shivendu Pandya, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.02.2026 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. 308/2025 registered at Police Station City Kotwali, District- Raipur (C.G.), for the offences punishable under Section 27 of NDPS Act. 2. Case of the prosecution, in brief, is that on the date of the incident, i.e., 22.11.2025, Police Station City Kotwali, District Raipur (C.G.), received secret information from an informant that the present KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 accused/applicant was in possession of illicit ganja for the purpose of sale. Acting upon the said information, the police conducted a raid at the spot, where the applicant along with other co-accused persons, was allegedly found in possession of illicit ganja. Upon search, a total quantity of 45 grams of ganja was seized from the applicant. Thereafter, the police registered an offence at Crime No. 308/2025 for the offence punishable under Section 27 of the Narcotic Drugs and Psychotropic Substances Act and proceeded with the investigation, during which the present accused/applicant was arrested on the basis of the said recovery and seizure. 3. Learned counsel for the applicant would submits that the applicant has been falsely implicated in this case and the said contraband 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 less than intermediate quantity of the psychotropic substances Ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of contraband article as prescribed under the schedule is than 20 kgs and from the possession of the applicant only 45 grams of Ganja has been seized. It is further submitted by the learned counsel for the applicant in the present case, charge- sheet has been filed and the applicant has few criminal antecedents which have already been explained in the bail application of para No.4(a) however, the applicant has no criminal antecedents under 3 the NDPS Act and he is in jail since 22.11.2025 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 State counsel appearing for the non- applicant/State opposes the bail application and submits that in the present case, charge-sheet has already been filed before the competent Court. It is further submitted that the applicant has certain criminal antecedents from the years 2012 to 2022, which have been mentioned in paragraph 4(a) of the bail application, however, no previous case has been registered against him under the NDPS Act. Nevertheless, considering the contraband article recovered from the possession of the applicant, it is contended that he is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case that the applicant has certain criminal antecedents from the years 2012 to 2022, which have been explained in paragraph 4(a) of the bail application and all are said to have been disposed of, however, no previous case has been registered against him under the NDPS Act and further the quantity of contraband article which has been recovered from the possession of the present applicant is less than intermediate quantity and in the present case charge-sheet has been filed before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. 4 8. Let the Applicant- Sanjay @ Sanjay Gupta, involved in Crime No. 308/2025 registered at Police Station City Kotwali, District- Raipur (C.G.), for the offences punishable under Section 27 of NDPS Act, be released on bail on his 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 5 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. 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