1 2025:CGHC:10298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1692 of 2025 Brijesh Kachhuwaha S/o Late Murari Lal Kachhuwaha Aged About 34 Years R/o Old Bus Stand, Bilaspur P.S. Civil Line, District- Bilaspur (C.G.). Currently R/o Navdeep Heights Link Road, P.S. Tarbahar, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer Police Station Kota, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Rahul Arun Kochar, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This is the Second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 263/2024 registered at Police Station – Kota, District- Bilaspur (C.G.), for the offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. Case of the prosecution, in brief, is that the Police has received mukhbir information on the alleged crime, for which the Police went to the place of incident i.e. village Ganiyari Public Health Centre, upon the checking, Police has recovered 400 pieces of Onrex syrups from the applicant which he was carrying in his car. Upon investigation, Police has reported the FIR vide crime No. 263/2024 in Police Station Kota, District Bilaspur on 24.03.2024 and arrested the applicant for the said offence and registered FIR under Sections 21 and 22 of NDPS Act. 3. The first bail application of the applicant was rejected by this Court on merit vide order dated 14.01.2025 passed in MCRC No. 300/2025. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 24.03.2024. He further submits that the the date of incident as alleged by the prosecution is on 24.03.2024 at around 3.30 O'clock, on the basis of secrete information that I-20 Car CG 10 AU 7499 is carrying contraband which are prohibited under NDPS Act at place of incident Ganiyari Public Health Center whereas the applicant has been arrested from his house and there has been CCTV Footage which shows that a false case has been concocted against the present applicant because of enmity, the CCTV footage which shows that police has arrived at the house of the applicant and has taken the Car from the house and not from the place of incident as alleged. He also submits that the applicant has no previous criminal antecedents. Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned counsel for the State opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband 3 article i.e. total 400 pieces of Onrex syrups were recovered from the possession of the present applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the order dated 14.01.2025, it is apparent that the bail application of the applicant was rejected on merits on the ground that the quantity of the psychotropic substance seized from the applicant was above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. No new ground has been raised in this second bail application. 8. Accordingly, the second bail application of the applicant - Brijesh Kachhuwaha filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 263/2024 registered at Police Station – Kota, District- Bilaspur (C.G.), for the offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 10. OfÏce 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 Preeti