1 CGHC010300232026 2026:CGHC:34522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7188 of 2026 1. Prem Kumar Sahu S/o Santosh Sahu Aged About 32 Years R/o Village- Ward No. 14 Borla, P.S. Borla, District- Kabirdham (C.G.) 2. Aasim Khan S/o Jalil Khan Aged About 26 Years R/o Village- Gandai Khurd, P.S. Pandatarai, District- Kabirdham, (C.G.) ... Applicants versus State of Chhattisgarh Through Station House O2cer, Police Station - Bagbahra, District- Mahasamund, (C.G.) ... Non-applicant For Applicants : Mr. Aman Kesharwani, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2026 1. This is the ;rst bail application ;led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 102/2026 registered at Police Station - Bagbahra, District – Mahasamund (C.G.) for the o>ence under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, in brief, it is alleged that on 01.06.2026, acting upon secret information, the police received information that two ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.07 16:24:33 +0530 2 persons were travelling on a motorcycle carrying blue-coloured plastic bags containing ganja. Acting on the said information, the police intercepted the motorcycle bearing Registration No. CG-09-JS-3340. During the search of the plastic bags carried by the accused persons, 9 kg and 900 grams of ganja was allegedly recovered. Consequently, the FIR was registered against them. 3. It has been argued by learned counsel for the applicants that they have been falsely implicated in the present case. He further submits that the prosecution agency failed to comply with the provisions of Section 42 of the NDPS Act and did not obtain a search warrant from the competent superior authority. It is also submitted that only an intermediate quantity of Ganja was allegedly recovered from the joint possession of the applicants, therefore, the rigours of Section 37 of the NDPS Act are not attracted. Learned counsel points out that the commercial quantity of Ganja prescribed under the Schedule is more than 20 kilograms, whereas only 9.900 Kgs was allegedly seized from the joint possession of applicants. It is further submitted that the applicants have no criminal antecedents under the NDPS Act and have been in judicial custody since 01.06.2026. The conclusion of the trial is likely to take a considerable period of time. Therefore, learned counsel prays for the grant of regular bail to the applicants. 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 ;led in the present case before the competent Court and also endorse the said submission that the applicants have no criminal antecedents under the NDPS Act. 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, particularly the fact that the contraband article, i.e. 9.900 kgs of Ganja, was recovered from the joint possession of the applicants which is less than the commercial quantity, coupled with the fact that the applicants have no criminal antecedents under the NDPS Act, this Court ;nds that the charge-sheet has already been ;led before the competent Court and the applicants have been in custody since 01.06.2026. As the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicants are entitled to be released on bail. 7. Let the Applicants - Prem Kumar Sahu and Aasim Khan, involved in Crime No. 102/2026 registered at Police Station - Bagbahra, District – Mahasamund (C.G.) for the o>ence under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall ;le an undertaking to the e>ect that they 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 applicants shall remain present before the trial court on each date ;xed, either personally or through their counsel. In case of their absence, without su2cient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation 4 under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date ;xed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. O2ce is directed to send a certi;ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek