1 2025:CGHC:385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8027 of 2024 Saukhilal Yadav S/o Rambharos Yadav Aged About 30 Years R/o Mini Basti Jarhabhata, Bilaspur, Tahsil And District- Bilaspur, C.G. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Sakri, District – Bilaspur, C.G. ---- Non-applicant For Applicant : Mr. Rajeev Kumar Dubey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.01.2025 1. The applicant has preferred this Third Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.597/2022, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offences punishable under Section 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – 2 Sakri, District – Bilaspur (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 Rexogesic Injection (2ml) total 57 packet, each packet contains 5-5 strips and 5 ml injection in each strips total 1425 unit injection, total 3850 ml were seized from the possession of the present applicant. Thereafter, the applicant was arrested and the case was registered by the Police. 3. The First bail application of the applicant was rejected by this Court vide order dated 07.12.2023 passed in MCRC No. 7949/2023, on the ground that the contraband article seized from the possession of the applicant is much above and commercial quantity. The Second bail application of the applicant was dismissed as withdrawn by this Court vide order dated 06.11.2024 passed in MCRC No. 7639/2024. 4.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 twice the trial was directed to expedited but the same has not been completed. It is further argued that as per the order-sheet which has been filed with the present bail application, is is apparent that out of 13 prosecution witnesses 15 have been examined, and only 3 have been left to be examined. The applicant is in jail since 14.11.2022. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 3 5. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 3850 ml of Narcotic Injection has been seized from the possession of the applicant, which is much above the commercial quantity. 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 article seized from the possession of the applicant i.e. 3850 ml of Narcotic Injection, is much above the commercial quantity and the applicant is failed to give any explanation for the same and it could not be a case of false implication, further the fact that as per the order-sheet which has been filed with the present bail application, it is apparent that out of 13 prosecution witnesses 15 have been examined, and only 3 have been left to be examined, but the same could not be a good ground to enlarge the applicant on regular bail, hence, this Court is of the opinion that the present third bail application is liable to be rejected. 8. Accordingly, the Third bail application of applicant – Saukhilal Yadav involved in Crime No.597/2022, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offences punishable under Section 21 and 22 of the NDPS Act, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall 4 make earnest endeavour to conclude the trial expeditiously, preferably within a period of two months from the date of passing of this order, if there is no legal impediment. 10. The Director General of Police, Chhattisgarh is directed to ensure the Investigating Officer and other Police personnels who are prosecution witnesses shall appear before the trial Court concerned. 11. The Registrar (Judicial) is directed to send a copy of this order to the Director General of Police, Chhattisgarh. 12. 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