1 CGHC010137692026 2026:CGHC:27800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3374 of 2026 Jhamman Singh S/o Late Mahavir Singh Aged About 38 Years R/o Village Baranadi Post Jarali, P S Hardu Anganj District Aligarh U P ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari, District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Banhiman Roy, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 45/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Gudhiyari, District Raipur (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 12.02.2026 at about 3:30 P.M., the police of Police Station Gudhiyari, Raipur received secret information that two persons were standing near the Booking and Reservation Centre at Platform No. 7, Gudhiyari Railway Station, carrying contraband ganja in black backpacks for the purpose of transportation. Acting upon the said information, the police conducted a raid in accordance with the provisions of the NDPS Act and apprehended the applicant, Jhamman Singh, along with co-accused Raghvendra Singh. During the search, 7.426 kg of ganja packed in four packets was allegedly recovered from the backpack of co-accused Raghvendra Singh, while 10.523 kg of ganja packed in two packets was allegedly recovered from the backpack of the applicant. Thus, a total of 17.949 kg of contraband ganja was seized, and Crime was registered against the applicant and the co-accused for the offence punishable under Section 20(b) of the NDPS Act. Hence, the bail application. 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 3 from the joint possession of the applicant and co-accused 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 joint possession of the applicant and co-accused only 17.949 kg Ganja has been seized. He later submits that the applicant has no criminal antecedent and he is in jail since 12.02.2026 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, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that from the joint possession of the applicant and co-accused contraband article i.e. 17.949 kg of Ganja is seized, so far as criminal antecedent of the applicant is concerned, the applicant has one criminal antecedent under the Excise Act of the year 2023 in the State of Uttar Pradesh, 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 and the fact that the applicant has only one criminal antecedent, 4 which is of the year 2023 under the Excise Act in the State of Uttar Pradesh and the contraband article i.e. 17.949 kg Ganja recovered from the joint possession of the applicant and co- accused is less than the commercial quantity and the charge- sheet has been filed in the present case 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 application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant - Jhamman Singh, involved in Crime No. 45/2026 registered at Police Station Gudhiyari, District Raipur (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his 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 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 sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 5 (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 or without sufficient 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. Office 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 Akhil