1 2025:CGHC:33856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5598 of 2025 Sohail Khan S/o Late Jamil Khan Aged About 28 Years R/o Nutan Chowk, Shantipara, Gatwa Lake, Police Station - Old Bhilai-03, District - Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, P.S. - Kumhari, District – Durg (C.G.) ---- Non-applicant For Applicant : Mr. Purendra Khichariya, Advocate. For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.07.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No. 241/2024, registered at Police Station – Kumhari, District – Durg (C.G.) for the offences punishable under Section 8/22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 05.03.2025 passed in MCRC No. 1759/2025. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The prosecution story in brief, is that the Police of Police Station – Kumhari, District – Durg (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 6.3 liters of illegal cough syrup from the possession of applicant. Thereafter, the applicant was arrested and the case was registered by the Police. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case, but no any witness has been examined before the trial Court. The applicant is in jail since 01.12.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 6.3 liters of illegal cough syrup has been seized from the possession of applicant, which is above the commercial quantity, on which ground the first bail application of the applicant was rejected by this Court vide order dated 05.03.2025 passed in MCRC No. 1759/2025. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the fact that the quantity of contraband 3 article seized from the possession of the applicant i.e. 6.3 liters of illegal cough syrup, which is much above the commercial quantity, and on the same ground the first bail application of the applicant was rejected by this Court vide order dated 05.03.2025 passed in MCRC No. 1759/2025, and no new ground has been raised by learned counsel for the applicant in the instant second bail application, the charge-sheet has been filed in this case, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this second bail application of applicant – Sohail Khan involved in Crime No. 241/2024, registered at Police Station – Kumhari, District – Durg (C.G.) for the offences punishable under Section 8/22(C) of the NDPS Act, is rejected at this stage. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar