1 CGHC010287332026 2026:CGHC:32312 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6764 of 2026 Ashish Wadhwani S/o Sundar Wadhwani, Aged About 31 Years R/o Subhash Nagar, Dewarpara, Police Station Telibandha, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Telibandha, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Khushbu Sahu, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/07/2026 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. 197/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Telibandha, District Raipur (C.G.) under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 02.05.2026, the police of Police Station Telibandha, District Raipur, received a secret information that a person was sitting near Indira Gandhi UCO Bank, Agricultural College Campus, in a hut-like structure, carrying a white plastic bag containing contraband ganja intended for illegal sale and was searching for prospective customers. Acting upon the said information, the police party proceeded to the spot, conducted the raid and search proceedings, and allegedly recovered and seized 4 kilograms and 327 grams of ganja from the conscious possession of the present applicant. Consequently, Crime No. 197/2026 was registered against the applicant for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. After completion of the investigation, the police filed the charge-sheet before the competent Court. 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. She 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. She also submits that from the possession of the applicant intermediate quantity of the 3 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 4.327 kg Ganja has been seized. She later submits that the applicant has three criminal antecedents under the Excise Act and Gambling Act, in which the applicant has already been acquitted fo the charges, further the is in jail since 02.05.2026 and the conclusion of the trial is likely to take quite long time. Therefore, she 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 and submits that the applicant has three criminal antecedents of the year 2018 and 2022 under the Excise Act and Gambling Act. He further submits that from the possession of the applicant contraband article i.e. 4.327 kg of Ganja is 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 and the fact that the applicant has three criminal antecedents under the Excise Act and the Gambling Act, in which the applicant has already been acquitted and the contraband article i.e. 4.327 4 kg Ganja recovered from the possession of the applicant is less than the commercial quantity, further 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 - Ashish Wadhwani, involved in Crime No. 197/2026 registered at Police Station Telibandha, District Raipur (C.G.) under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his 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 sufficient 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 5 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil