1 2025:CGHC:30193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5155 of 2025 • Seeta Ram Gupta S/o Buddhu Lal Gupta Aged About 39 Years R/o Dhirol Patna, Thana Chachai, District Anuppur, M.P. ... Applicant versus • State Of Chhattisgarh Through P.S. Baramkela District Sarangarh- Bilaigarh, (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajesh Jain, Advocate For Respondent : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2025 1. This is Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.35/2020 registered at Police Station- Baramkela Tikrapara, District – Sarangarh-Bilaigarh (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The first bail application filed by the applicant in MCRC No. 916 of 2025 vide order dated 31.01.2025 has been dimissed. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 3. as per the prosecution on dated 15.03.2020 near Painkin Barrier police party doing checking of vehicle suddenly on white color vehicle coming Dongirpali Odisha, when the driver of vehicle seen police in on the barrier turn vehicle and runaway. Police party chase vehicle then driver of the vehicle left vehicle in the forest of Dhouradrha and rune away. That on being search of vehicle 90 Kg of Ganja was found. That Further investigation carryout and final report submits before the court of law. That the applicant was arrested on 12-12-2024 after laps more then of 3 and 1/2 years. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 05.12.2024. He would further submits that the contraband article is not seized exclusive possession of the applicant and the place of seizure is not exclusive occupied by the applicant not they are owner, only on the basis of statement given by the owner of the vehicle in question was taken by the applicant on the date of incident. The conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the quantity of contraband article i.e. 90 kgs contraband (Ganja) recovered from the possession of the applicant, which is much above the commercial quantity, he is resident of the State of Madhya Pradesh and bail application filed by the as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is i.e. 90 kg of 3 contraband (Ganja) and his first bail application of the applicant was rejected by this Court vide order dated 30.01.2025 in MCRC No. 916 of 2025 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, applicant is resident of the State of Mahdya Pradesh, further there appears to be no new ground, it cannot be a case of false implication, the trial is in progress. 8. Accordingly, the Second bail application of the applicant – Seeta Ram Gupta filed under Section 439 of the Cr.P.C., involved in Crime No.35/2020 registered at Police Station- Baramkela Tikrapara, District – Sarangarh-Bilaigarh (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10.Office 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 vaishali