1 2025:CGHC:3454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 530 of 2025 Khushichand Gupta S/o Late Mohanlal Gupta Aged About 42 Years R/o Ward No. 06 Shiv Chowk Kududand Bilaspur, Tehsil and District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station Tarbahar, Bilaspur, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Arvind Shrivastava, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.01.2025 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. 221/2024 registered at Police Station – Tarbahar, Bilaspur District - Bilaspur (C.G.) for the offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.21 11:09:08 +0530 2 Tarbahar, District – Bilaspur (C.G.) had received secret information from the informant and on the basis of the said information, conducted a raid on 12.08.2024 at Minakshi Medical Store, Near Gayartri Mandir Chow, Vidyanagar, Bilaspur (C.G.) and following the dues procedures, seized 38 packs of SPASMAXX with Tramadol capsules (each pack contains 8 capsules), total 304 capsules of 152 grams, 24 packs of Alta king tablets containing tramadol (each pack contain 15 tablets), total 360 tablets of 120 grams, 29 packs of Paivon Spas Plus capsules containing tramadol (each pack contains 08 capsules), 232 capsules of 174 grams from the possession of the present applicant. 3. Learned counsel for the applicant submits that the first bail application was rejected vide order dated 30.09.2024 on merits passed in MCRC No.6756/2024 but as per the status of the trial there are total 18 witnesses, 03 witnesses have been examined out of which 02 witnesses have turned hostile and the charge-sheet has already been filed and the applicant is in jail since 13.08.2024, 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 in the present matter the charge-sheet has been submitted. He further submits that the quantity of contraband article i.e. 38 packs of SPASMAXX with Tramadol capsules (each pack contains 8 capsules), total 304 capsules of 152 grams, 24 packs of Alta King tablets containing tramadol (each pack contain 15 tablets), total 360 tablets of 120 grams, 29 packs of Paivon Spas Plus capsules containing tramadol (each pack contains 08 capsules), 232 capsules of 174 grams were recovered from the possession of the applicant, which is more than the commercial quantity. Hence, this bail application is liable to be rejected. 3 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 there are total 18 witnesses, 03 witnesses have been examined out of which 02 witnesses have turned hostile , and also considering the fact that the first bail was rejected on merits and applicant is in jail since 13.08.2024, 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 30.09.2024 it is apparent that the bail 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- Khushichand Gupta filed under Section 483 of BNSS, involved in Crime No. 221/2024 registered at Police Station - Tarbahar Bilaspur District - Bilaspur (C.G.) for the offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances 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. 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