The court found it appropriate to grant bail due to absence of any prior NDPS offenses, the minor quantity of contraband, and expected delays in trial.

Order on Board

18.07.2025

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. 107/2025 registered at Police Station Newai, District - Durg, (C.G.) for the offence under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

2. Case of the prosecution, in brief is that the police of Police Station RAHUL Newai, District - Durg, (C.G.) received a secret information from the DEWANGAN Digitally signed by RAHUL DEWANGAN informant and on the said information police conducted a raid and seized 1.280 kgs of contraband Ganja from the joint possession of the present applicant and co-accused person. Thereafter, offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the present applicant.

3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that the seized 1.280 kgs of contraband Ganja was not recovered from the possession of the present applicant. He also submits that the said contraband article was recovered from the co- accused, which was of small quantity. He further submits that the prosecution agency has not followed the provisions under Section 42 of the NDPS Act. He also submits that the present applicant has has no criminal antecedent under the NDPS Act and he is in jail since 01.07.2025, and the conclusion of the trial is likely to take quite a long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He also submits that the present applicant has 03 criminal antecedent under the Excise Act and IPC. He further submits that from the possession of the present applicant total 1.280 kgs of contraband Ganja was seized, therefore, the present applicant is not entitled for grant of bail.

5. Taking into consideration the facts and circumstances of the case that the present applicant has no any criminal antecedent in the NDPS Act and the said contraband article was recovered from the co-accused, which was of small quantity, and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and he is in jail since 01.07.2025 and 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.

6. Let the Applicant – Prabhunath Singh, involved in Crime No.

107/2025 registered at Police Station Newai, District - Durg, (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 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 her absence, without sufÏcient 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 i