1 2026:CGHC:19618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2364 of 2026 Prafull Kumar Sahu S/o Lingraj Sahu Aged About 39 Years R/o Baulsingha, P.S. Manamunda, District Boudh, Odisha (As Per Charge Sheet) ... Applicant versus State of Chhattisgarh Through P.S. Fingeshwar, District Gariyabandh Chhattisgarh ... Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Mr. S.S. Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.04.2026 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. 12/2026 registered at Police Station Fingeshwar, District Gariyaband (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, it is alleged against the present applicant that, in collusion with the other co-accused and pursuant to a criminal conspiracy, they procured illegal contraband, i.e. ganja. In furtherance of the said conspiracy, on 14.01.2026 at about 13:10 hours, near the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.29 11:13:58 +0530 2 premises of Police Station Fingeshwar, in front of Rajim–Mahasamund Road, the applicant and co-accused were found attempting to sell the said illegal contraband from a car bearing Registration No. CG-04-DM- 5000. The police allegedly seized 19.423 kg of ganja from the joint possession of the applicant and the co-accused. 3. It has been argued by learned counsel for the applicant 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 joint possession of the applicant and other co-accused person, intermediate quantity of Ganja was 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 applicant and co- accused person19.423 kgs of Ganja was seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents under the NDPS Act. He further submits that the applicant is in jail since 14.01.2026, 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 counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court in the present case. He further submits that the applicant has two criminal antecedents under the Excise Act in the State of Odisha. It is also submitted that 19.423 Kgs of ganja was recovered from the joint possession of the applicant and the other co-accused person. Therefore, considering the nature and gravity of the offence, the applicant is not entitled to the grant of regular bail in the present case. 3 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 that the contraband article i.e. 19.423 Kgs of Ganja was recovered from the joint possession of the applicant and other co-accused person, which is less than commercial quantity. Moreover, the present applicant has no criminal antecedents under NDPS Act, also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 14.01.2026, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Prafull Kumar Sahu, involved in Crime No. 12/2026 registered at Police Station Fingeshwar, District Gariyaband (C.G.) for the offence under Section 20(B) 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 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. 4 (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 send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek