1 2026:CGHC:18194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2151 of 2026 Shankarlal Sahu S/o Jeevan Lal Sahu Aged About 35 Years R/o Village- Ranigaon, House No. 01, Talab Para Police Station- Baradwar, District Shakti, (C.G.) Pin No. - 495689 --- Applicant(s) versus State Of Chhattisgarh Through- Station House O昀케cer- Police Station Sankara, District Mahasamund (C.G.) --- Non-applicant(s) For Applicant : Mr. Pawan Kumar Kesharwani, Advocate. For Non-Applicant : Ms. Ankita Shukla,Panel Lawyer. MCRC No. 2157 of 2026 Ashish Kumar Sahu S/o Late Chhatrapal Sahu Aged About 35 Years R/o Village- Bhawani, Mandir- Darri Korba Police Station Balko, District- Korba (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through- Station House O昀케cer- Station Sankra, District- Mahasamund (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Pawan Kumar Kesharwani, Advocate. For Non-Applicant : Ms. Ankita Shukla,Panel Lawyer. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/04/2026 1. Since the above bail applications are arising out of same crime numbers and same Police Station and same offence so they are being heard and decided by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 20/2026 registered at Police Station Sankra, District Mahasamund (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that on 23.01.2026, Assistant Sub-Inspector Pankaj Bagh received a credible information from a reliable informant that two persons, travelling on a grey coloured Honda Shine motorcycle bearing registration No. CG-11-AS-9328, were illegally transporting contraband ganja from Saraipali towards Pithora and were expected to reach NH-53, Guru Ghasidas Chowk, Sankara between 22:00 to 22:30 hours. Acting upon the said information, the aforesaid police o昀케cers, along with the accompanying sta昀昀, promptly proceeded to the indicated location and laid a surveillance and naka (siege) at NH-53, Guru Ghasidas Chowk, Sankara. After some time, a motorcycle matching the description provided by the informant was seen approaching from the direction of Saraipali. The said vehicle was intercepted and 3 stopped by the police party. Upon inquiry, the rider of the motorcycle disclosed his name as Ashish Sahu, S/o Late Chhatrapal Sahu, resident of Korba, Chhattisgarh, and the pillion rider disclosed his name as Shankar Lal Sahu, S/o Jeevan Lal Sahu, resident of Shakti, Chhattisgarh. Thereafter, in compliance with due procedure and based on the prior information, a search of the motorcycle was conducted. During the course of search, from the middle portion/seat of the motorcycle, a white cloth bag kept inside another cloth bag was recovered, which upon examination was found containing 6.936 kilograms of contraband ganja. The total value of the seized contraband was assessed at ₹3,46,800/-. The said contraband was seized from the conscious and joint possession of both the accused persons. Necessary seizure proceedings were carried out on the spot in accordance with law. Thereafter, both the accused persons were duly arrested. On the basis of the aforesaid incident, a First Information Report (FIR) bearing Crime No. 20/2026 was registered at Police Station Sankara for the o昀昀ence punishable under Section 20(b) of the NDPS Act against the accused persons. After completion of the investigation, the police 昀椀led the charge-sheet before the Court of Special Judge under the NDPS Act, Mahasamund, District Mahasamund (C.G.), for trial in accordance with law. 4. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case and the contraband Ganja was not seized from the conscious possession of the applicants. He further submits that that prosecution agency has 4 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 applicants intermediate 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 joint possession of the applicants only 6.936 kgs of Ganja has been seized. He later submits that the applicants have no criminal antecedent and they are in jail since 24.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicants have no criminal antecedents. She further submits that from the joint possession of the applicants contraband article i.e. 6.936 kgs of Ganja has been seized, therefore, the present applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that the applicants have no criminal antecedent and 5 the contraband article i.e. 6.936 kgs of Ganja recovered from the joint possession of the applicants, is less than intermediate quantity and the charge-sheet has been filed in the present case before the competent Court, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the applications are allowed. 9. Let the Applicants – Shankarlal Sahu and Ashish Kumar Sahu, involved in Crime No. 20/2026 registered at Police Station Sankra, District Mahasamund (C.G.) under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 6 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 10. 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 Kunal