1 2026:CGHC:4800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9637 of 2025 Pradeep Kumar S/o Late Rajendra Singh Aged About 37 Years R/o Village- Padauli, Police Station- Rai, Dist- Sonipath (Haryana) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Line, District- Bilaspur (C.G.) ...Non-applicant For Applicant : Mr. Jitendra Chandrakar, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 542/2025 registered at Police Station – Civil Line District – Bilaspur (C.G.) for the offence under Section 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that on 14.05.2025, Police Station Civil Line, Bilaspur received reliable information from an informant that VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.29 11:59:03 +0530 2 a person wearing a sky-blue colored shirt was coming from Delhi to sell MDMA near Uslapur Railway Station; acting on the said information, the police constituted a team and conducted a raid near the cycle stand at Uslapur Railway Station, Bilaspur, where the suspected person was apprehended and identified as Pradeep Kumar, from whose possession 7.620 grams (including plastic) of MDMA was recovered and duly seized; the accused was arrested on the same day and an FIR was registered as Crime No. 542/2025 for offences punishable under Sections 21 and 29 of the NDPS Act, investigation was initiated, and upon completion of the investigation, a charge-sheet was filed, whereafter the case is presently pending before the learned Special Judge (NDPS Act), Bilaspur, District Bilaspur (C.G.) as Special Sessions Case (NDPS) No. 42/2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. He further submits that the applicant has neither committed nor participated in any alleged offence and has been falsely implicated by the police; the quantity of MDMA allegedly recovered from him, i.e., 7.620 grams, is less than the commercial quantity as prescribed under the NDPS Act, 1985, the commercial quantity for MDMA being 10 grams, and therefore the rigours of Section 37 of the NDPS Act are not attracted, and the punishment prescribed is comparatively less severe; the Hon’ble Courts have consistently held that bail may be granted in cases involving less than commercial or intermediate quantity, particularly where no prior criminal antecedents are attributed to the applicant further, the prosecution has not alleged recovery of any commercial quantity or other incriminating material such as 3 weighing machines, packing materials, or large sums of money indicating involvement in organized drug trafficking, and the alleged recovery does not suggest any such activity moreover, the investigation and seizure do not appear to have been conducted in strict compliance with the mandatory procedural safeguards under Sections 50, 52-A and 57 of the NDPS Act, which issues can be duly examined during trial, and therefore the continued detention of the applicant during the pendency of the trial is unwarranted and the applicant deserves to be enlarged on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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, it is observed that the contraband article, i.e., MDMA, recovered from the possession of the applicant is less than the commercial quantity as prescribed under the NDPS Act. Further, considering the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no previous criminal antecedents, and that the applicant has been in judicial custody since 14.05.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 4 7. Let the Applicant - Pradeep Kumar, involved in Crime No. 542/2025 registered at Police Station – Civil Line District – Bilaspur (C.G.) for the offence under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local 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 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, 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 her absence, without sufficient cause, the trial court may proceed against his 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 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 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. - Sd/- (Ramesh Sinha) Chief Justice vaibhav