1 CGHC010239552026 2026:CGHC:34771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6081 of 2026 Diwas Jhariya S/o Ghasiya Jhariya, Aged About 37 Years R/o Ward No. 05, Dewarpara, Kawardha, District Kabirdham (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House O2cer, Police Station Kawardha, District Kabirdham (C.G.) ... Non-applicant(s) For Applicant : Mr. Chandrikaditya Pandey, Advocate For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.08.2026 1. This is the =rst bail application =led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 217/2026 registered at Police Station Kawardha, District Kabirdham (C.G.), for the o?ences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 02.06.2026, on the basis of a secret information received by the police of Police Station KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Kawardha that the present applicant was illegally keeping Ganja and liquor in his house for sale, a raid was conducted at his house. During the search, the police allegedly recovered 1.860 kilograms of Ganja kept in a pit in the courtyard of the applicant's house along with 30 quarters of plain country-made liquor, 25 quarters of masala country-made liquor and 14 quarters of Goa English liquor, totalling 12.500 bulk litres of liquor. Thereafter, the seized articles were con=scated and the present crime was registered against the applicant for the aforesaid o?ences. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and no mandatory provisions of the NDPS Act were duly complied with during the investigation. He further submits that the quantity of Ganja allegedly recovered from the possession of the applicant is 1.860 kilograms, which is less than intermediate/commercial quantity and therefore the rigours of Section 37 of the NDPS Act are not attracted. It is further submitted that the o?ence under Section 34(2) of the Chhattisgarh Excise Act is punishable with a minimum sentence of one year and a maximum sentence of three years. Learned counsel further submits that the applicant is in judicial custody since 02.06.2026. It is also submitted that though three criminal antecedents have been shown against the applicant, the same have already been explained in Part-D of the present bail application. In one of the cases, the applicant has already been acquitted by the trial Court, whereas in the remaining two cases, the applicant was convicted on the very date of registration of those cases upon 3 pleading guilty and was sentenced only to payment of =ne, which has already been deposited. Thus, no criminal case is presently pending against the applicant. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that 1.860 kilograms of Ganja and 12.500 bulk litres of liquor were recovered from the house of the applicant. However, he could not dispute the fact that the criminal antecedents of the applicant have already been explained in Part-D of the bail application and that no criminal case is presently pending against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that 1.860 kilograms of Ganja, which is less than intermediate/commercial quantity and 12.500 bulk litres of liquor are alleged to have been recovered from the possession of the applicant and the applicant is in judicial custody since 02.06.2026, and further considering the criminal antecedents of the applicant as explained in Part-D of the bail application, wherein one case has culminated in acquittal and the remaining two cases already stand concluded with payment of =ne and no criminal case is presently pending against him, this Court is of the view that further custodial detention of the applicant is not warranted. Without expressing any opinion on the merits of the case, this Court is inclined to enlarge 4 the applicant on bail. 7. Accordingly, the present bail application is allowed. 8. Let applicant, Diwas Jhariya, involved in Crime No. 217/2026 registered at Police Station Kawardha, District Kabirdham (C.G.), for the o?ences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 34(2) of the Chhattisgarh Excise Act, be released on bail on 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 =le an undertaking to the e?ect that he shall not seek any adjournment on the dates =xed 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 =xed, either personally or through his counsel. In case of his absence, without su2cient 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 =xed in such proclamation, then, the trial 5 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 =xed 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 su2cient 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. O2ce is directed to send a certi=ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal