1 2025:CGHC:18847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3184 of 2025 Mohammed Gufaran Khan S/o Mohammed Ishak Khan Aged About 26 Years (Age Not Mentioned In The Impugned Order) R/o Santohsi Nagar Near Raja City Police Station Tikrapara Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Arang District - Raipur (C.G.) ---- Non-applicant(s) For Applicant : Mr. Shivam Agrawal, Advocate For Non-Applicant : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.04.2025 1. This is the Second 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. 520/2024 registered at Police Station- Arang, District Raipur (C.G.) for the offence punishable under Section 21(B) of the NDPS Act. 2. The prosecution story in brief, is that on 17.08.2024, a secret information was received by the Assistant Sub Inspector Shriram KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Verma of Police Station Arang then he reached near Old Tolplaza Resturant village Rashni. While the applicant reached near that place by vehicle Activa No. C.G. 04, L.Q. 1927, then his vehicle was intercepted. The investigating ofÏcer seized Codeine phosphate & Triprolidne Hydrochloride Syrup CODIVIX-T 100 ml 34 Nos. & Triprolidne Hydrochloride & Codeine phosphate Syrup ZUFIA 100 ml 25 No. total Weight 59 Nos. total value of Rs. 10,200/- from the trunk of the vehicle activa of the applicant. After completing of the investigation charge sheet has been filed. 3. Learned counsel for the applicant submits that the earlier bail application of the applicant was rejected by this Court vide order dated 26.11.2024 in MCRC No. 7762/2024 on merits. He further submits that in this case, seizure witnesses have turned hostile and have not supported the prosecution case and in this case, there are six prosecution witnesses have been examined, the applicant is in jail since 18.08.2024 and the conclusion of the trial may likely to take some more time. Therefore, he prays for grant of bail to the applicant. 4. 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. He further submits that the earlier bail application of the applicant has already been rejected by this Court in MCRC No. 7762/2024, vide order dated 26.11.2024 on the ground that the contraband article which has been recovered from the applicant is much above the commercial quantity and as the seizure witnesses have turned 3 hostile, cannot be a ground to grant bail to the appliant as such, the applicant is not entitled to be released on bail. 5. From perusal of the order dated 26.11.2024, it is apparent that the first bail application of the applicant has already been rejected on merits and there is no new ground has been raised in this second bail application except the seizure witnesses have been turned hostile and there are six prosecution witnesses have been examined. This is not sufÏcient to grant bail to the applicant, also considering the fact that the quantity of contraband article which has been recovered from the possession of the applicant, is much above the commercial quantity, this Court deems it appropriate to reject this second bail application at this stage. 6. Accordingly, the second bail application of the applicant- Mohammed Gufaran Khan filed under Section 483 of the BNSS, involved in Crime No. 520/2024 registered at Police Station- Arang, District Raipur (C.G.) for the offence punishable under Section 21(B) of the NDPS Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 Kunal