1 2025:CGHC:10294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1701 of 2025 1. Ganesh Nishad S/o Late Ramprasad Nishad Aged About 32 Years R/o Village Kumhari, Mahamaya Para, Ward No. 4, Police Station Kumhari, District Durg Chhattisgarh ... Applicant (In Jail) versus 1. State Of Chhattisgarh Through Station House Officer, Police Of Police Station Amanaka, Raipur, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. P. Chetan Kumar, Advocate For Non-applicant : Mr. S.S. Baghel, Dy. Govt. Advocate SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This is second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.400/2024 registered at Police Station Amanaka, Raipur (CG) for the offence under NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.04 12:13:49 +0530 2 Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. First bail application of applicant bearing M.Cr.C. No.8583/2024 was dismissed on merits vide order dated 9.12.2024. 3. Case of the prosecution, in brief, is that on 10.11.2024 based on secret information received, the police seized Dicyclomine Hydrochloride Tramado Hydrochloride and Acetaminophen capsules, 576 in numbers, total weight 357.12 gram, from joint possession of applicant and other co-accused persons. 4. Learned counsel for the applicant submits that after rejection of first bail application, some material prosecution witnesses have been examined before trial Court and they have not supported the prosecution case and turned hostile. Applicant is languishing in jail since 10.11.2024, conclusion of trial is like to take time, hence, applicant be enlarged on regular bail. 5. On the other hand, the learned State counsel opposed the bail application of present applicant. 6. Heard learned counsel for the parties and perused the case diary. 7. Considering all the facts and circumstances of case, arguments advanced by counsel for the parties, nature and gravity of allegation, it is noticed that the grounds which were taken by applicant in this bail application were already 3 considered by this Court while deciding the earlier bail application on merit. The quantity of the contraband is more than commercial quantity in which minimum sentence prescribed is 10 years R.I. The applicant has not raised any ground under Section 37 of the NDPS Act. Hence, I do not find any change in the circumstances in this case entitling the applicant grant of bail. Accordingly, this second bail application filed on behalf of applicant is rejected. 8. Office is directed to sent the certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Nisha