1 2025:CGHC:23851 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3248 of 2025 Mohammad Usman S/o Mohammad Furkan Aged About 38 Years R/o Village - Lakhanoti, P.S. - Gangoo, District - Saharanpur (U.P.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Sakari, District - Bilaspur (C.G.) ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Vikash Pradhan, Advocate. For Non-applicant : Mr. Amandeep Singh, Panel Lawyer Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 13/06/2025 1. This is third bail application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of bail, as he has been arrested on 26.07.2022 in connection with Crime No. 377/2022 registered at Police Station Sakri, District Bilaspur (C.G.) for commission of offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The applicant’s first bail application was dismissed as withdrawn with liberty to file afresh at an appropriate stage by this Court vide order dated 02.05.2023 passed in M.Cr.C. No. 10906 of 2022. His second bail application 2 was also dismissed as withdrawn with liberty to file fresh bail application after examination of other witnesses by this Court vide order dated 11.07.2023 passed in M.Cr.C. No. 4656 of 2023. 3. Facts of the case, in nutshell, is that on the basis of secret information received to the police of police station Sakri, District Bilaspur, caught Wagonr Car bearing registration No. C.G. 10 A.M./3257, which was being driven by the applicant/accused by getting seated co-accused Junaid Khan and on being searched of that car, 1 quintal & 10 kgs. contraband substance Ganja, which was packed in 17 different packets, were being transported by them. Co-accused -Junaid Khan fled away from the spot by jumping from the car and the applicant was caught, from whom contraband substance Ganja was seized. After usual investigation, police filed charge-sheet against applicant on 14.10.2022 and charges were framed on 23.11.2022 for the offence under Section 20(b)(ii-C) of the NDPS Act, which is pending consideration before Special Judge (NDPS), Bilaspur (C.G.). 4. Learned counsel appearing for the applicant / accused submits that charges were framed on 23.11.2022, despite that till date, out of total 23 witnesses, only three witnesses have been examined including seizure witnesses, who have turned hostile. He further submits that though quantity of contraband was huge, but the applicant is in detention since 26.07.2022 and the trial has no substantive progress, therefore, the applicant may be enlarged on bail. 5. Per contra, learned counsel for the State/non-applicant submits that though only three prosecution witnesses have been examined, out of total 23 prosecution witnesses, but the trial is in progress; further quantity of 3 contraband substance Ganja seized from the illicit possession of applicant is huge, hence, the bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. The applicant has filed copy of order-sheets of the Special Court, which shows that charge against the appellant was framed on 23.11.2022, but till date it is stated that only three witnesses have been examined, out of total 23 prosecution witnesses, which show very slow progress in the trial. 8. Perusal of the order-sheet shows that learned Special Court is issuing summons, bailable warrant and even warrant of arrest to the witnesses, despite that in most of the time, those summons / warrants are never being returned, it seems that after filing charge-sheet, police agency completely detached themselves from the case and they do not bother at all in compliance of summons/ warrants issued by the Court and early disposal of the case. 9. Copy of order-sheets show that learned Special Court is trying to expedite the trial, but there is no cooperation found from police agency / prosecution agency and even it also seems that Special Public Prosecutor is also not having any bother for compliance of summons / warrants, whereas, all the witnesses are resident of District Bilaspur or District Mungeli or police officials,despite that trial of the case is getting delayed. 10. Though in the instant case, applicant is in jail since 26.07.2022, despite that having considered the huge quantity of contraband substance Ganja seized from the possession of the applicant, I am not inclined to entertain this bail application and the same is hereby rejected. 4 11. However, Superintendent of Police is directed to instruct his subordinate officials to comply with the summons / warrant issued by the Court, so that Special Sessions Case (NDPS) No. 99 / 2022 may be concluded at the earliest. 12. Special Public Prosecutor of the case is also directed to take follow-up in respect of service of summons / warrants issued to the prosecution witnesses. 13. It is made clear that non-compliance of this order by aforesaid authorities will be viewed seriously. 14. Accordingly, this third bail application filed by the applicant is rejected reserving liberty in favour of the applicant to file fresh bail application at the appropriate stage. 15. Copy of this order be sent to the Senior Superintendent of Police, Bilaspur for compliance and needful. Sd/- (Naresh Kumar Chandravanshi) JUDGE Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.06.18 10:54:11 +0530