1 2025:CGHC:11222 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1823 of 2025 Suresh Salve S/o Sanju Salve Aged About 20 Years R/o Behind Of Ravi Fancy Store, Masjid Road Kota, P.S. Saraswati Nagar, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar District Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : None. For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.03.2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 10.12.2023. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 3. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 331/2023 registered at Police Station Saraswati Nagar District Raipur (C.G.) for the offence punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Saraswati Nagar District Raipur (C.G.) found the applicant in possession of Capsule of Dicyclomine HCL Tramadol HCL SPAS TRANCAN PLUS total 432 piece its total weight 259.2 gram, thereafter, offence has been registered against the applicant. Hence, the bail application. 5. It transpires from para 6.5 of the bail application filed by the applicant that seizure witnesses have turned hostile before the learned trial Court, and on the said ground applicant has filed this second bail application. 6. On the other hand, learned State counsel opposes the bail application and submits that the applicant has the quantity of contraband article seized i.e. Capsule of Dicyclomine HCL Tramadol HCL SPAS TRANCAN PLUS total 432 piece its total weight 259.2 gram from the possession of applicant is more than the commercial quantity, therefore, the applicant is not entitled for grant of bail. 7. I have perused the case diary. 3 8. Considering the facts and circumstances of the case, as the seizure witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 9. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 13.11.2024 in MCRC No. 7850 of 2024 on the ground that the contraband article seized from the possession of the applicant was much above the commercial quantity and he has failed to provide explanation regarding the same, further there appears to be no new ground. 10. Accordingly, the second bail application of the applicant- Suresh Salve, involved in Crime No. 331/2023 registered at Police Station Saraswati Nagar District Raipur (C.G.) for the offence punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 12. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil