[Cites 3, Cited by 0]
Chattisgarh High Court
Md. Gulam Mustafa Asharfee vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13187
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2575 of 2026
Md. Gulam Mustafa Asharfee S/o Late Jabbar Khan Aged About 30
Years R/o Dilwapara Mahamand Police Station -Sirgitti, District -
Digitally
AKHILESH signed by
Bilaspur ( C.G.)
KUMAR AKHILESH
DEWANGAN KUMAR
DEWANGAN
--- Applicant(s)
versus
State Of Chhattisgarh Through Police Station Sirgitti District -Bilaspur
C.G.
--- Respondent(s)
For Applicant(s) : Mr. Shivam Agrawal, Advocate.
For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
19/03/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for
grant of regular bail to the applicant who has been arrested in
connection with Crime No. 29/2026 registered at Police Station
Sirgitti District -Bilaspur (C.G.) for the offence punishable under
Section 20(B) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
2. Case of the prosecution, in brief, is that on 11.01.2026 at about
16:50 hours, a yellow-green Coloured shiny plastic sack was
recovered from the possession of the accused. Upon inspection,
the said sack was found to contain a yellow and green coloured
polythene packet, inside which there was a brown - coloured
plastic-wrapped open packet containing contraband substance,
namely ganja. The total quantity of the seized contraband, along
with the sack, was found to be 2.475 kilograms. The accused was
accordingly arrested, and upon completion of investigation, a
charge-sheet has been filed before the competent Court. Hence,
the bail application.
3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case and the contraband Ganja
was not seized from the exclusive possession of the applicant. He
further submits that 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 possession of the applicant 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 possession of the applicant only
2.475 kg Ganja has been seized. He later submits that the
applicant has no criminal antecedent and he is in jail since
11.01.2026 and the conclusion of the trial is likely to take quite
long time. Therefore, he prays for grant of regular bail to the
applicant.
4. 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
applicant has no criminal antecedent. She further submits that
from the possession of the applicant contraband article i.e. 2.475
kg of Ganja is seized, therefore, the present applicant is not
entitled for grant of bail.
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
and the fact that the applicant has no criminal antecedent and the
contraband article i.e. 2.475 kg Ganja recovered from the
possession of the applicant is less than the commercial quantity
and the charge-sheet has been filed in the present case before
the competent Court, this Court is of the view that the applicant is
entitled to be released on bail in this case.
7. Accordingly, the application is allowed.
8. Let the Applicant - Md. Gulam Mustafa Asharfee, involved in
Crime No. 29/2026 registered at Police Station Sirgitti District -
Bilaspur (C.G.) for the offence punishable under Section 20(B) of
the Narcotic Drugs and Psychotropic Substances Act, 1985, be
released on bail on his 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 his absence,
without sufficient 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 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.
9. 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
Akhil
