1 CGHC010163222026 2026:CGHC:28008 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3963 of 2026 Irfan Abdulbhai Gouri S/o Abdulbhai Gouri Aged About 41 Years R/o Sub Jail Nisame, Virakotada Road- Hudako Gondal, District- Rajkot (Gujrat) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle -Saraipali District Mahasamund C.G. ... Non-Applicant For Applicant : Shri Ajay Kumar Chandra, Advocate. For Non-Applicant : Shri Sumit Singh, Deputy AG. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/07/2026 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.231/2026 registered at Police Station Excise Circle Saraipali, District Mahasamund (C.G.) for the offence under Sections 20(B) (ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.08 19:27:52 +0530 2 1985. 2. The prosecution case, in brief, is that upon receiving information from the informer, the concerned police conducted a search and seizure and allegedly recovered 18.285 kg of ganja from open place and only on the basis of memorandum statement, the applicant has been arrested. 3. It has been argued by learned counsel for the applicants that the applicant is innocent and has been falsely implicated in the crime. Exclusive possession of the contraband has not been proved by the prosecution and the prosecution has also not complied with the mandatory provisions of the NDPS Act and the concerned police has not investigated the matter properly before lodging the FIR. Moreover, there is no reliable evidence with regard to compliance of the provisions under Section 42 of the NDPS Act. The applicant is in jail since 8.3.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedents under the NDPS Act and the charge sheet has been submitted against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, the applicant has no criminal antecedents, the applicant is in jail since 8.3.2026 and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Irfan Abdulbhai Gouri, involved in Crime No. 231/2026 registered at Police Station Excise Circle Saraipali, District Mahasamund (C.G.) for the offence under Section 20(B)(ii) (c) 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 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya 4 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 applicants are 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 them in accordance with law. 8. Office 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 Barve 5