1 2025:CGHC:38491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6125 of 2025 • Sharad Nayak S/o Late Shyam Nayak Aged About 23 Years R/o Block No. 08, House No. 23 B.S. U.P. Colony Bhatagaon P.S. Purani Basti Raipur District - Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through The P.S. Purani Basti Raipur District - Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : N.Naha Roy, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.08.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 423/2024 registered at Police Station – Purani Basti, District – Raipur (C.G.) for the offence punishable under Section 21(c) of the NDPS Act, 1985. 2. Case of the prosecution, in brief, is that on 17.10.2024, a tip was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.13 11:02:42 +0530 2 received that a person aged 20-25 years in a white two wheeler bearing registration No.CG04MZ7135 was selling a prohibited syrup (Safunex triprolidine hydrochloride & triprolidine hydrochloride) near Vardhaman Car Showroom. The police authorities on receiving such tip, initiated action. 3. First bail application of the applicant was rejected by this Court vide order dated 10.01.2025 passed in MCRC No. 227/2025. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 17.10.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that only on the basis of memorandum statement of the co-accused persons, present applicant has been made an accused and 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 charge-sheet has been filed in the present case before the competent Court. She would further submit that the quantity of contraband article i.e. Safunex Triprolidine Hydrochloride & Codeine Phosphate Syrup 07 pieces, Planokuf Codeine Phosphate and Triprolidine Hydrochloride Syrup 05 pieces each bottle containing 100-100 ml each quantity 1200 ml recovered from the possession of the applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3 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 much above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, on which basis the first bail application of the applicant was rejected by this Court, further it appears that no new ground has been taken by the applicant for his second regular bail, therefore, 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 – Sharad Nayak, involved in Crime No. 423/2024 registered at Police Station – Purani Basti, District – Raipur (C.G.) for the offence punishable under Section 21 (c) of the NDPS Act, 1985 is rejected at this stage. 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