1 2025:CGHC:2127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 301 of 2025 • Amina Begum D/o Rahmat Ali Aged About 35 Years R/o Beside Of Sufi Darbar, Nehru Nagar, Raipur, Police Station - Kotwali, Raipur, District - Raipur (C.G.) (Name, Father Name And R/o Of The Applicant As Per F.I.R.). .. Applicant. versus • State Of Chhattisgarh Through The Station House OfÏcer, Police Station - City Kotwali, District - Raipur (C.G.). ... State/Non-Applicant. For Applicant : Shri Shivendu Pandya, Advocate. For State : Shri Ajit Singh, Govt. Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 14/01/2025 1. This is the Third bail application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.291/2023 registered AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.01.15 10:37:58 +0530 2 at Police Station City Kotwali, District Raipur (C.G) for the offence punishable under Section 22 (C) of Narcotics Drugs and Psychotropic Substance Act, 1985. 2. Case of the prosecution is that on 03.07.2023, on receiving secret information that the applicant was possessing illicit Proxywel tablets (424 pieces) for the purpose of selling, the concerned Police conducted a raid and recovered the said illicit tablets from the possession of the applicant. 3. Earlier bail application of the present applicant was dismissed as withdrawn vide order dated 17.08.2023 passed in MCRC No.5660 of 2023. Subsequent to which, another bail application of the present applicant was rejected on merits vide order dated 24.11.2023 passed in MCRC No.8256 of 2023. 4. Learned counsel for the applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. He would further submit that present applicant is behind the bars since 04.07.2023 and out of 13 witnesses, 2 witnesses have been examined; conclusion of trial is likely to take considerable time. Learned counsel would further draw attention of this Court towards the order dated 25.11.2024 annexed with the petition to submit that on the said date, summons earlier issued to the witnesses did not return. Therefore, present applicant may be enlarged on bail on the ground of delay in trial. 5. Learned State counsel would oppose the bail application and would submit that earlier bail application of the present applicant has already been rejected on merits vide order dated 24.11.2023. 6. Learned State counsel would further submit that the fact that notices issued to the witnesses were not returned by concerned S.H.O to the Special 3 Judge (NDPS Act) Raipur will be communicated to the concerned Superintendent of Police and against the delinquent ofÏcer, disciplinary action would be initiated. Learned State counsel would further submit that he will communicate the concerned SHO to ensure presence of witnesses on the dates of hearing. He would further submit that as the earlier bail application has already been rejected on merits and the trial is in progress, present is not a fit case for grant of bail to the applicant. 7. Having considered the submission and particularly the fact that earlier bail application of the present applicant has already been rejected on merits as also rigor of Section 37 of the NDPS Act attracts, I am not inclined to grant bail to the applicant at this juncture. 8. However, concerned Superintendent of Police shall hold a preliminary enquiry as to why notices issued did not return pertaining to Special Criminal Case No.143/2023. If negligence is found on the part of police ofÏcial, appropriate disciplinary measures be taken against him. The concerned S.P. shall further ensure presence of witnesses on the dates of hearing. 9. The trial Court shall proceed with the matter in de die in diem manner within interval of two days of hearing, which shall not be more than 21 days. 10.With the aforesaid observation/direction, this bail application is rejected. Sd/- (Deepak Kumar Tiwari) Judge Avinash