1 2025:CGHC:3105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 465 of 2025 Shiv Kumar Nayak S/o Late Govind Nayak Aged About 45 Years R/o Villge- Andi, Police Station- Pendra, District- Gaurela- Pendra- Marwahi (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Pendra, District- Gaurela- Pendra- Marwahi (C.G.) ... Non-Applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 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. 92/2024 registered at Police Station - Pendra, District- Gaurela- Pendra- Marwahi (C.G.) for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 24.03.2024, Police Station – PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.20 11:06:28 +0530 2 Pendra has received some information by an informer that, one suspicion person is stayed near the Khujji Dam having the illegal possession of total of 21.500 Kilograms of Cannabis in the two plastic bags. After concluding the necessary action regarding the N.D.P.S. Act, on 24.03.2024, Police registered the F.I.R. against the present applicant for the alleged offence punishable under Sections 20(b) of the N.D.P.S Act and has arrested the applicant. 3. Learned counsel for the applicant submits that the first bail application was rejected vide order dated 19.06.2024 on merits passed in MCRC No.4152/2024 and directed to conclude the trial within a period of six months, but as per the status of the trial out of 16 witnesses, statement of 06 witnesses have been examined, the charge-sheet has already been filed and the applicant is in jail since 24.03.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that total quantity of 21.500 Kilograms of Cannabis has been seized from the possession of the applicant, which is more than the commercial quantity. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties and the fact that as per the status of the trial out of 16 witnesses, statement of 06 witnesses have been examined, and also considering the fact that the first bail was rejected on merits and applicant is in jail since 24.03.2024, and the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the order dated 19.06.204 it is apparent that the bail 3 application of the applicant was rejected on merits on the ground that the quantity of the psychotropic substance seized from the applicant was above the commercial quantity. No new ground has been raised in this second bail application. 8. Accordingly, the second bail application of the applicant-Shiv Kumar Nayak filed under Section 483 of BNSS, involved in Crime No. 92/2024 registered at Police Station - Pendra, District- Gaurela- Pendra- Marwahi (C.G.) for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously as possible preferably within a further period of four months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. The ofÏce 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 Preeti