1 2026:CGHC:720 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9484 of 2025 Deepak Naykar S/o Raja Naykar Aged About 24 Years R/o House No. 7/12, Atal Awas, 32 Acre, Bhilai, Jamul Police Station, District Durg Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Sho, Police Station Jamul, Durg Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Samdarsh Nirankari, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 629/2025, registered at Police Station- Jamul, District- Durg (C.G.) for the o昀昀ence punishable under Section 21(b) & 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’). 2. The prosecution story, in brief, is that on 27.07.2025, the police received information through an informer that certain persons were attempting to sell brown sugar (chitta) near 32 Acre Housing Board Naala and were sitting inside a car bearing registration No. CG-08-AN-8888. Acting upon ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.07 11:49:52 +0530 2 the said information, the police reached the spot and apprehended three persons, namely Lukesh Kumar Singh, Vaibhav Soni, and the present applicant, Deepak Naykar, and allegedly seized brown sugar (chitta) from their possession. Upon weighing, the seized contraband was found to be 10.550 grams, whereafter the present applicant along with the other co-accused persons was arrested. Hence this bail application. 3. Learned counsel for the applicant submits that from the possession of the present applicant intermediate quantity of the psychotropic substance brown sugar (Chitta) has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for brown sugar (Chitta) as prescribed under the schedule is more than 250 gms and from the possession of the present applicant, only 10.550 gms of brown sugar has been seized. He further submits that so far as criminal antecedents of the applicant are concerned, though the applicant is having the 07 pervious antecedents, but none are under the NDPS Act and furthermore, the same has been explained in the covering memo 昀椀led with the bail application. The charge-sheet has been 昀椀led and the trial is in progress, the applicant is in jail since 27.07.2025 and conclusion of the trial is likely to take some time. Hence, he prays for grant of bail to the applicant. 4. Learned counsel for the State opposes the bail application but admits that the charge-sheet has already been submitted and from the possession of the present applicant, intermediate quantity of narcotic substance has been seized. 5. I have Heard learned counsel for the parties and perused the case diary. 6. After hearing learned counsel for the parties as well as considering the fact that the quantity of psychotropic substance brown sugar seized from 3 the possession of the applicant i.e. 10.550 gms, which is less than commercial quantity as the commerial quantity of brown sugar is 250 gms, the applicant has no criminal antecedents under the NDPS Act, charge-sheet has been 昀椀led and the conclusion of the trial is likely to take sometime, and further that the applicant is in jail since 27.07.2025, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. 7. Let applicant, Deepak Naykar, involved in Crime No. 629/2025, registered at Police Station- Jamul, District- Durg (C.G.) for the o昀昀ence punishable under Section 21(b) & 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀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 applicant shall remain present before the trial court on each date 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita is issued 4 and the applicant fails to appear before the court on the date 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 昀椀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 applicant is deliberate or without su昀케cient 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. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek