1 2025:CGHC:49164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7476 of 2025 Mohd. Amin Khan S/o Mohd. Yunus Khan, Aged About 45 Years R/o Imlipara, P.S.- Ambikapur, District - Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Gandhinagar, District - Surguja (C.G.) ... Non-applicant For Applicant : Smt. A. Sandhya Rao, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.09.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 364/2024 registered at Police Station – Gandhinagar, District - Surguja (C.G.), for the offence punishable under Sections 22 (C)and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.26 10:36:19 +0530 2 2. As per the prosecution's story, in brief, on 15.10.2024, based on secret information, the police recovered 60 boxes containing 1,500 pieces of Rexogesic Buprenorphine Injection IP 02 ml from the possession of co-accused Pankajdhar Dubey. During the course of investigation and based on the memorandum statement of Pankajdhar Dubey, the involvement of Santosh Kumar, Pankaj Kumar Singh, Gufran Siddiqui @ Sonu, and the present applicant Mohd. Amin came to light. 3. The first bail application filed under Section under Section 483 of the BNSS for grant of regular bail to the applicant was rejected vide order dated 11.12.2024 in MCRC No. 8465 of 2024 by this Court on merits. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 15.10.2024. She further submits that the applicant's mother is seriously ill, and apart from the applicant’s wife, there is no one available to take care of her. The applicant’s wife, being a homemaker, is unable to ensure proper treatment with the necessary care and attention from a higher medical centre. The applicant’s mother is elderly and infirm, and it is essential for the applicant to personally arrange and provide appropriate medical treatment for her. Therefore, the applicant is filing this bail application seeking temporary bail for a limited period to facilitate the treatment of his mother. Copies of the relevant medical documents are collectively annexed herewith as Annexure A-4. She also submits that the applicant is having 10 criminal antecedents. Accordingly, she prays 3 for enlarging the applicant on regular bail. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submits that the quantity of contraband article ie. Buprenorphine injection IP Rexogesic 2 ml of 60 box, 1500 pieces seized from the possession of the co-accused is much above the commercial quantity and further, the name of the applicant has come up in the confessional statement of the co-accused, who has stated that the contraband articles were supplied to the applicant and in the meanwhile he was caught. Further, the applicant has 10 criminal cases registered against him out of which, one is under the NDPS Act with Crime No. 17/2019 which is still pending. As such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the State and perused the case diary. 7. Taking into consideration the fact that this is the second bail application filed by the applicant and it transpires from the record that the first bail application of the applicant was rejected by this Court vide order dated 11.12.2024 passed in MCRC No. 8465 of 2024 on the ground that the applicant has 10 criminal cases registered against him out of which, one is under the NDPS Act, is still pending, as such he is a habitual offender and no new ground has been raised in this bail application and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon'ble Supreme Court had cancelled the bail 4 granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant - Mohd. Amin Khan filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 364/2024 registered at Police Station – Gandhinagar, District - Surguja (C.G.), for the offence punishable under Sections 22 (C)and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 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 Preeti