1 CGHC010291752026 2026:CGHC:38393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6880 of 2026 1 - Poshan Verma S/o Dronacharya Verma Aged About 21 Years R/o Village Koliha, Police Station Lawan, District- Balodabazar- Bhatapara (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Lawan, District- Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Shri Satya Prakash Verma, Advocate. For State/Non-applicant : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.211/2026, registered at Police Station – Lawan, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short ‘the NDPS Act’). 2. As per the prosecution story, in brief, on 21.06.2026, Police Station NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.08.31 17:36:00 +0530 2 Lavan received information from an informer that three persons travelling on a black-coloured Honda SP 125 motorcycle bearing registration No. CG-22-AF-4376 were illegally carrying Ganja and were present near village Munda Khar, Manbodh Dabri Par, allegedly in search of customers for its sale. Acting upon the said information, the police party, along with witnesses and the investigation kit, reached the spot and cordoned off the area. During the course of the proceedings, three persons were found sitting near the aforesaid motorcycle under a mango tree. On seeing the police party, two of them allegedly fled from the spot, whereas the present applicant/accused Poshan Verma was apprehended. The applicant was found carrying a bag, which was searched in accordance with the procedure prescribed under law. Upon search of the said bag, 9.730 kilograms of Ganja, allegedly valued at approximately Rs. 97,000/-, was found concealed in nine packets wrapped in white-coloured polythene. The contraband was seized in the presence of witnesses and necessary seizure proceedings were conducted. Accordingly, an FIR has been registered against the present applicant for the commission of the alleged offences. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted further that 9.730 kilograms of Ganja has been seized from the possession of the applicant which is less than the commercial quantity. It is further submitted that there is no criminal antecedent and the charge-sheet has already been filed. The applicant is in jail since 21.06.2026 and, the conclusion of the trial is likely to take quite long 3 time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application of the present applicant. It is submitted that a total of 9.730 kilograms of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband article seized from the possession of the applicant, i.e. a total of 9.730 kilograms of Ganja, which is less than the commercial quantity. Also considering the fact that there is no criminal antecedent and the applicant is in jail since 21.06.2026 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Poshan Verma involved in Crime No.211/2026, registered at Police Station – Lawan, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short ‘the NDPS Act’) be released on bail on their 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 shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. DsSd/- (Ramesh Sinha) Chief Justice Nikita