1 2025:CGHC:43654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6362 of 2025 Bhojraj Patel S/o Shankar Patel Aged About 40 Years R/o Village - Loharsingh, Police Station - Jharband, District - Bargarh (Odisha) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Saraipali, District – Mahasamund, Chhattisgarh. ... Non-Applicant For Applicant : Ms. Maya Chaturvijani, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.08.2025 1. This is the Second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 197/2024 registered at Police Station – Saraipali, District – Mahasamund (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The first bail application of the applicant was rejected by this Court PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.01 18:49:30 +0530 2 on merits vide order dated 22.04.2025 passed in MCRC No. 3043/2025. 3. After passing of the order dated 12.08.2025, this Court directed the Director General of Police, Raipur, to ensure the appearance of the co-accused before the trial Court through video conferencing, as he was not appearing and the charges could not be framed. It is now stated that the co-accused has appeared before the trial Court and charges have been framed against the accused person and the trial is in progress. 4. As per the prosecution story, in brief, is that on 16.07.2024, acting on secret information provided by an informant, the police of Police Station Saraipali intercepted a Swift Dzire car bearing registration No. CG-12 AP-0252 and seized 50.200 kilograms of illegal contraband (Ganja) from the possession of the present applicant and a co-accused. Subsequently, FIR No. 197/2024 was registered under Section 20(B) of the NDPS Act at Police Station Saraipali, District Mahasamund (C.G.). A charge sheet has been filed, and the case is currently pending before the Special Judge (NDPS Act), Saraipali, District Mahasamund (C.G.) as Special Criminal Case No. 59/2024. 5. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She further submits that the charge-sheet has been filed but delay in concluding the trial. She also submits that the applicant has no previous criminal antecedents and he is in jail since 16.07.2024 and no any witness has been examined till date. Accordingly, she prays for enlarging the 3 applicant on regular bail. 6. Learned counsel for the State opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband article i.e. 50.200 Kgs Ganja recovered from the possession of the applicant and the co-accused person, which is above the commercial quantity. Therefore, the applicant is not entitled to be released on bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. From perusal of the order dated 22.04.2025, it is apparent that the first bail application of the applicant was rejected on the ground that the quantity of the psychotropic substance i.e. total quantity of 50.200 Kgs Ganja seized from the applicant along with other co-accused, which was above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. No new ground has been raised in this second bail application. 9. Accordingly, the second bail application of the applicant - Bhojraj Patel filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 197/2024 registered at Police Station – Saraipali, District – Mahasamund (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 10. Needless to say that the learned trial Court concerned is at liberty to 4 proceed with the trial and conclude the same expeditiously. 11. 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 Preeti/Rajshekhar