1 CGHC010323922026 2026:CGHC:37372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7716 of 2026 Ganesh Ram Ramteke S/o Late Satau Ram Ramteke, Aged About 67 Years R/o Nadipara, Village Mudpar Dakhni, Tehsil And P. S. Sarona, District - North Bastar Kanker (C.G.) ... Applicant versus State Of Chhattisgarh Through P. S. Sarona, District - North Bastar Kanker (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Ms. Arya Shrivastava, Advocate. For Non-applicant/State :Ms. Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.08.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.21/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.20 17:39:58 +0530 2 Station – Sarona, District North Bastar, Kanker (C.G.), for the offence under Section 20(b) of NDPS Act. 2. The prosecution case, in brief, is that the Sub-Inspector posted at Police Station Sarona is stated to have received information from an informer on 08.06.2026 that the Applicant was keeping and selling ganja at his house situated at Nadipara, Village Mudpar Dakhni. The Sub-Divisional Officer of Police, who was informed accordingly, is stated to have been occupied elsewhere and therefore, the Station House Officer proceeded to conduct the raid himself after preparing a panchnama recording his inability to obtain a search warrant. The raid was allegedly conducted at about 23:30 hours on the same day, during which 2 kg 400 grams of ganja is stated to have been recovered from a white membrane kept inside an Arjun rice sack lying in the Applicant’s house. Two samples of 50 grams each were drawn and the remaining contraband was sealed. The Applicant was arrested at about 23:35 hours, i.e., within five minutes of the alleged recovery. It is further recorded in the FIR that the proceedings could not be videographed or photographed through e-evidence owing to a technical fault in the mobile phone. Accordingly, the offence was registered and investigation was taken up and the Applicant was duly 3 arrested. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged recovery of 2 kg 400 grams of ganja is an intermediate quantity and therefore, the rigours of Section 37 of the NDPS Act are not attracted. It is further submitted that the alleged search and seizure are vitiated by serious procedural infirmities, as the Applicant’s house was searched during night hours without a warrant, proper compliance of Section 42 of the NDPS Act is not evident and the mandatory audio-video recording contemplated under Section 105 of the BNSS was admittedly not carried out on account of a technical fault in the mobile phone. It is further submitted that the informant, seizing officer and investigating officer are also the same person, while the manner of weighment of the alleged contraband is stated to be doubtful. It is lastly submitted that the Applicant is in judicial custody since 08.06.2026 and conclusion of trial is likely to take considerable time, therefore, he may be granted bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the quantity of contraband allegedly seized from the Applicant is below the commercial 4 quantity and that the Applicant has no previous previous criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the alleged quantity of contraband is below commercial quantity, the Applicant has no previous criminal antecedents, he is in custody since 08.06.2026 and the conclusion of trial is likely to take considerable time, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. Let Applicant- Ganesh Ram Ramteke involved in Crime No. 21/2026 registered at Police Station – Sarona, District North Bastar, Kanker (C.G.), for the offence under Section 20(b) of NDPS Act be released on bail on his furnishing a 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/she 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, 5 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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/her 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya