1 2026:CGHC:19385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2060 of 2026 Sonu Patel S/o Murari Lal Patel Aged About 32 Years R/o Village Injani, P.S. Chalgali, District Balrampur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Outpost Revti, P.S. Chandrora, District Surajpur, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/04/2026 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 117/2025 registered at Police Station Chandora, District - Surajpur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 02.12.2025, the In- charge of Police Station Outpost Revti received secret information KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 that a person was carrying ganja for the purpose of sale at Banaras and was travelling in a bus from Ambikapur to Renukut. Acting upon the said information, the police conducted checking near Village Chanchidand on the Banaras main road. During the checking, one suspected person alighted from the bus and attempted to flee in a suspicious manner, however, he was apprehended near the forest area of Revti. Upon conducting a search, 12 packets of ganja, weighing 12 kg 300 grams, were recovered from the bag of the applicant/accused. Consequently, Crime No. 117/2025 was registered under Section 20(b) of the NDPS Act. The applicant/accused was arrested on 02.12.2025 and has been in judicial custody since then. 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 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 commercial 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 i.e. 12.300 Kgs of Ganja has been seized. It is further submitted that the applicant has only previous criminal antecedent under the IPC and he is in jail since 02.12.2025 and the conclusion of the trial is likely 3 to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposed the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and also endorse the said submission that the applicant has one previous criminal antecedent under the IPC however, from the possession of the applicant, contraband article i.e. 12.300 kgs of Ganja has been 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 applicant has one previous criminal antecedent under the IPC and the contraband article which has been recovered from the possession of the applicant i.e. 12.300 kgs of Ganja which is less than commercial quantity and further 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. 8. Let the Applicant- Sonu Patel, involved in Crime No. 117/2025 registered at Police Station Chandora, District - Surajpur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his 4 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 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 5 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. - Sd/- (Ramesh Sinha) Chief Justice Kunal