1 2025:CGHC:24693 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4501 of 2025 Naveen Kumar Edwani S/o Manohar Lal Edwani Aged About 48 Years R/o H- 37, Anand Vihar, Anand Nagar, Sector-2, Telibandha, Raipur, District Raipur Chhattigarh ... Applicant versus State Of Chhattisgarh Through Police Station Civil Lines, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Manoj Paranjpe, Advocate. For Respondent/State : Shri Shashank Thakur, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/06/2025 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. 1004/2024 registered at Police Station, Civil Lines, Bilaspur (C.G.) for the offence punishable under Sections 21, 22 & 29 of Narcotic Drugs and Psychotropic Substances Act, 61 (2) BNSS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.19 10:55:45 +0530 2 2. Case of the prosecution, in brief, is that the first information report bearing crime no. 1004/2024 was lodged by police station Civil Lines Bilaspur against two co-accused persons namely Srishti and Godawri Bai on 22.10.2024 and from their possession 150 ampules of Buprenorphine injection were seized and thereafter through the memorandum statement of the co-accused Srishti name of another co- accused Vikrant Sarkar was discovered as supplier of the narcotic drugs. In pursuance of the investigation the police authorities arrested the co-accused Vikrant Sarkar on 25.10.2024 and from whose possession huge quantity of narcotics drugs tramadol (22752 pieces) and buprenorphine (4000 ampule) were seized, subsequently co- accused Vikrant Sarkar in his memorandum statement took the name of three persons along with whom he was indulged in the drug racket and also took the name of Rajdhani Medical Store which belongs to present applicant. For the aforesaid reason the police authorities also raided the medical shop of the petitioner and have seized the documents pertaining to the license of the Medical Store, Intimation Letter, Mobile Phone and some of the Bills pertaining to sale/purchase of avil from one Dinesh medical store Pvt. Ltd. at Dhamtari. The present applicant was arrested on 26.10.2024. The investigating authorities have filed the Challan against 10 accused persons. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 3/01/2025 and this is the second bail application filed on behalf of the applicant. He would submit that from the bare perusal of the challan it is pertinent 3 that the police authorities have failed to collect any incriminating substance from the possession of the present applicant and so far, as it concerns to the implication of Section 29 of the NDPS Act against the present applicant, the prosecution agencies have not collected any call detail records of the mobile no. seized from the present applicant, in order to show the nexus between the present applicant and the other accused persons. He would further submit that from the challan submitted by the police it is evident that the present applicant was involved in sale/purchase of Avil injection and regarding which the applicant has provided all the bills and Avil does not falls under the category of prohibited drugs. Thus the case against the present applicant has been established on the basis of memorandum statement of other accused and the only case which has been developed against the present applicant is that, the applicant is a pharmacist having a medical store with the name and style of Rajdhani Medical Store and having a proper and valid license, who has purchased and sold large quantity of avil injection regarding which the police has seized the bills as well as the name of applicant has been mentioned by the co- accused Vikrant Sarkar from whose possession a large quantity narcotic drugs tramadol was seized. He would submit that the applicant is in jail since 26/10/2024 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. 4 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant was rejected on merits by this Court vide order dated 3/01/2025 in MCRC No.7933/2024. There appears to be no new ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant-Naveen Kumar Edwani, involved in Crime No. 1004/2024 registered at Police Station, Civil Lines, Bilaspur (C.G.) for the offence punishable under Sections 21, 22 & 29 of Narcotic Drugs and Psychotropic Substances Act, 61 (2) BNSS, 2023 is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri