1 2025:CGHC:2462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 355 of 2025 Najju Khan S/o Mahboob Khan Aged About 50 Years R/o Near Sunti Masjid, Talapara, District Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Ratanpur, District- Bilaspur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Abdul Moin Khan, Advocate For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 560/2024 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Sections 21 and 22 of the NDPS Act. 2. The earlier bail application of the applicant has already been rejected by this Court in MCRC No. 8078/2024, vide order dated KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 22.11.2024 on merits. Hence this second bail application. 3. The prosecution story in brief, is that, on 24.08.2024, the Ratanpur police, acting on a tip from an informant, raided the site behind the Mahamaya temple, near the cremation ground in Ratanpur. They seized 05 units of codeine-based Corex cough syrup from the pocket of accused Vaibhav Soni, 06 units from the pocket of accused Kaushal Baghel, and 05 units from the pocket of a juvenile in conflict with the law. A total of 16 units (each 100 ml) of Corex cough syrup, totaling 1600 ml (1600 grams), were seized. An FIR was registered under sections 21 and 22 of the NDPS Act, and the accused were arrested on 25.08.2024. During the investigation, the juvenile in conflict with the law revealed that he had purchased the cough syrup from accused Najju Khan. Consequently, Najju Khan was arrested on 21.10.2024, and the investigation is ongoing. Hence, the bail application. 4. Learned counsel for the applicant submits that earlier bail application of the applicant has already been rejected by this Court vide order dated 22.11.2024 in MCRC No. 8078/2024. He further submits that the present applicant has been arrested only on the basis of memorandum statement of the co-accused, who alleged that the cough syrup containing codeine was purchased from the present applicant, the allegation in the solely based on the statement of co-accused and the applicant is in jail since 21.10.2024 and the conclusion of the trial may likely to take some more time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel opposes the bail 3 application and submits that the earlier bail application of the applicant has already been rejected by this Court in MCRC No. 8078/2024, vide order dated 22.11.2024 on merits. She further submits that the charge-sheet has been filed in the present case before the competent Court and the quantity of contraband article i.e, total of 16 units (each 100 ml) of Corex cough syrup, totaling 1600 ml (1600 grams) seized from the possession of the co- accused is sold by the present applicant, which is much above the commercial quantity, therefore, the applicant is not entitled to be released on bail. 6. From perusal of the order dated 22.11.2024, it is apparent that the earlier bail application of the applicant has already been rejected by this Court in MCRC No. 8078/2024, vide order dated 22.11.2024 on merits and no new ground has been raised in this second bail application except the present applicant has been arrested only on the basis of memorandum statement of the co-accused, who alleged that the cough syrup containing codeine was purchased from the present applicant and this is not a good ground to release the applicant on regular bail and further, the applicant has failed to give an explanation for the same, this Court deems it appropriate to reject this second bail application at this stage. 7. 7. Accordingly, the second bail application of the applicant- Najju Khan, filed under Section 483 of the BNSS involved in Crime No. 560/2024 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Sections 21 and 22 of the NDPS Act, is rejected at this stage. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 kunal