1 2025:CGHC:21449 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3627 of 2025 Pankaj Kumar Singh S/o Deenanath Singh Aged About 42 Years R/o Beni Aurangabad Police Station Mai Aurangabad Bihar ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Gandhinagar District Sarguja, Chhattisgarh ... Respondent For Applicant : Shri Awadh Tripathi, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/05/2025 1. 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.364/2024 registered at Police Station Gandhinagar Ambikapur District Sarguja (C.G.) for the offence punishable under Section GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.13 11:12:57 +0530 2 22C and 27A of NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station Gandhinagar, District Surguja (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 1500 Rexogesic Buprenophine Injection IP 20 ml, and total of 150 Avil Phniramine Injection IP 10 ml, from the possession of the co- accused person. Thereafter, the co-accused was arrested and the name of the applicant has come into light from the memorandum statement of the co-accused person. Hence, this application 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application was rejected by this Court on merits vide order dated 19/02/2025 in MCRC No.1318 of 2025. He would submit that the applicant is the proprietor of the Bharat Medical Store and the drug license of the Bharat Medical Store is valid upto 07.02.2027. He would further submit that the seized article Avil Pheniramine Maleate which according to the memorandum of Pankaj Dhar Dubey he brought from the Bharat Medical Store, though, the injection Avil Pheniramine Maleate does not fall within the purview of NDPS Act and infact it is a scheduled H drugs as per the provisions of Drugs and Cosmetics Act, 1940 and Rule 1945, so, implication of the present applicant which is mainly based upon the memorandum statement of the main accused, if taken as it is, in that case also, prima-facie offence under the NDPS Act cannot be made out 3 against the applicant. He would submit that during the course of the trial, out of 22 prosecution witnesses, 7 witnesses have been examined, further charge-sheet has already been filed in the present case, the applicant is in jail since 24.09.2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. 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 on merits vide order dated 19/02/2025 in MCRC No.1318 of 2025 on the ground that the quantity of contraband article 1500 Rexogesic Buprenophine Injection IP 20 ml, and total of 150 Avil Phniramine Injection IP 10 ml has been seized which is more than the commercial quantity and the name of the applicant has come into light in the memorandum statement of the co-accused person, and bail application of the co-accused persons have already been rejected by this Court vide order dated 11.12.2024, 10.01.2025 and 17.01.2025, passed in MCRC Nos. 8465/2024, 204/2025 and 445/2025 and also considering the fact that out of 22 prosecution witnesses, 7 witnesses have been examined, trial is in progress, 4 further there appears to be no new ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant- Pankaj Kumar Singh, involved in Crime No.364/2024 registered at Police Station Gandhinagar Ambikapur District Sarguja (C.G.) for the offence punishable under Section 22C and 27A of NDPS Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri