1 CGHC010221732026 2026:CGHC:29026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5215 of 2026 Tamrat Dhurva Alias Baba S/o Shri Ravichandra Dhurva Aged About 60 Years Occupation Farmer, R/o Village Pandaripani, Police Station Dharambandha, District Nuapada, State Odisha (Wrongly Mentioned As Tamran In Pg. No. 10) ... Applicant versus State of Chhattisgarh Through Police Station Gobra Nawapara, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Rajvansh Singh advocate on behalf of Mr. Amit Matre, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 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. 84/2026 registered at Police Station – Gobra Nawapara, District - Raipur (C.G.) for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, acting upon secret information allegedly received on 12.03.2026, the police intercepted co-accused Sagar Sahu ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.13 11:47:22 +0530 2 and Kundan Vishwakarma and purportedly recovered 1.100 kilograms of Ganja from their alleged joint possession. The present Applicant was neither named in the FIR nor apprehended from the spot of the alleged seizure. No contraband, incriminating article, or objectionable material was recovered from his possession. The Applicant has been implicated subsequently solely on the basis of the alleged disclosure statements of the co-accused recorded under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. 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 joint possession of the co-accused person, namely, Sagar Sahu and Kundan Vishwakarma, intermediate quantity of Ganja was 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 said co-accused only 1.100 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents under the NDPS Act. He further submits that the applicant is in jail since 26.04.2026, 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 opposes the bail application and submits that the charge-sheet has already been filed before the competent Court in the present case and also endorse the submissions made by the learned counsel for the applicant that the applicant has no criminal antecedents. 3 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, particularly the fact that the contraband article, i.e., 1.100 kgs of Ganja, was recovered from the joint possession of the co-accused persons, namely, Sagar Sahu and Kundan Vishwakarma, which is less than the commercial quantity, and that the name of the present applicant came to light only on the basis of the memorandum statement of the co-accused persons, the present applicant has no criminal antecedents. Further, considering that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 26.04.2026, and the 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. 7. Let the Applicant - Tamrat Dhurva Alias Baba, involved in Crime No. 84/2026 registered at Police Station – Gobra Nawapara, District - Raipur (C.G.) for the offence under Section 20(b) 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 his counsel. In case of his absence, without sufficient cause, 4 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 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. 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 Abhishek