1 CGHC010330892026 2026:CGHC:38355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7990 of 2026 Ramkrishna Pandey S/o Late Lakshminarayan Pandey Aged About 41 Years R/o Infront Of Tejiyamadarsa, Gaji Nagar, Birgaon, P.S. Urla, Raipur District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai District- Raipur (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Ankur Agrawal, Advocate. For Non-applicant(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/08/2026 1. This is the First bail application filed under Section 483 of the BNSS, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 504/2026 registered at Police Station – Khamtarai, District- Raipur (C.G.), for the offence punishable under Section 20(B) of NDPS Act. 2. The prosecution story in brief is that on 07.06.2026, Police Station Khamtarai, District Raipur (C.G.), received secret information regarding transportation of contraband. Acting upon the said information, the police intercepted the auto-rickshaw being driven KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 by the applicant and conducted a search, during which 1.576 kg of contraband Ganja was allegedly recovered from the possession of the applicant. The police seized the said contraband and, thereafter, registered Crime No. 504/2026 against the applicant for the offence punishable under Section 20(b) of the NDPS Act. The applicant was arrested in connection with the said offence and after completion of investigation, the police filed the charge-sheet before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant less than commercial quantity of the 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 1.576 kgs of contraband (Ganja) has been seized. It is further submitted by the learned counsel for the applicant that the applicant has one criminal antecedent as he has been explained in the bail application of part-D criminal antecedent and he is in jail since 07.06.2026 and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel, appearing for the 3 State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedents and further from the possession of the applicant, contraband article i.e. 1.576 kgs of Ganja has been seized, which is less than commercial quantity. However, looking to the seriousness of the case, 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, nature and gravity of the offence levelled against the applicant and further the fact that in the present case charge-sheet has been filed before the competent Court and the applicant has one criminal antecedent under the IPC of the year 2005, which is old and stale as has been explained in the bail application of part-D and further considering that the quantity of contraband allegedly recovered from the possession of the applicant, i.e., 1.576 kgs of Ganja, is less than commercial quantity, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Ramkrishna Pandey, involved in Crime No. 504/2026 registered at Police Station – Khamtarai, District- Raipur (C.G.), for the offence punishable 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:- 4 (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 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 for necessary information and compliance. dorthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal