1 2026:CGHC:22073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2643 of 2026 Vishnucharan Khamhari S/o Padu Khamhari Aged About 30 Years R/o Village Godhneshwar, P.S.- Subliya District Sonpur (Odisha) ... Applicant versus State Of Chhattisgarh Through The Police Station Sariya, District Sarangarh Bilaigarh (Cg) ... Non-applicant For Applicant : Mr. Ankit Singh, Advocate For Non-applicant/ State : Ms. Ritika Verma, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 9/2026, registered at Police Station – Sariya, District – Sarangarh- Bilaigarh for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.12 20:06:36 +0530 2 the NDPS Act. 2. That, the prosecution case in brief is that on 08.01.2026, the police of Police Station Sariya intercepted the present applicant along with the co-accused persons near Dulari Sahu Hotel situated on Sariya–Sarangarh Road, while they were allegedly transporting contraband ganja in a white Ertiga car bearing registration No. CG- 14MT-0296. During search and seizure proceedings, the police recovered 10 packets of ganja weighing 10 kilograms and 270 grams from the said vehicle. Consequently, an offence was registered against the applicant and other co-accused persons for the offence punishable under Section 20(b) of the NDPS Act, and investigation into the matter was initiated. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has not been filed in this case. It is also submitted 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 10 Kg 270 gram of Ganja has been seized. It is further submitted that there are no any criminal 3 antecedents of the applicant, and he is in jail since 20.02.2026 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, the learned counsel for the State opposes the bail application and submits that the charge-sheet has not been filed in the present case and there are no any criminal antecedents of the applicant. It is submitted that a total of 10 Kg 270 gram of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 10 kg 270 gram, which is less than the commercial quantity. Also considering the fact that charge-sheet has not been filed, and further that the applicant is in jail since 20.02.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Vishnucharan Khamhari involved in Crime No. 9/2026, registered at Police Station – Sariya, District – Sarangarh- 4 Bilaigarh for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on their furnishing a 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 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) 5 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. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-Sd/- (Ramesh Sinha) Chief Justice Arpan