1 2025:CGHC:51158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8154 of 2025 Shiva Goyal S/o Late Jeevan Goyal Aged About 31 Years R/o Ward No.52, Rajkishore Nagar, Lingiyadih, Police Station Sarkanda, District : Bilaspur, Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District : Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Mr. Ali Afzal Mirza, Advocate For Non-applicant : Mr. Nitansh Jaiswal, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 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. 121/2024 registered at Police Station - Singhoda, District – Mahasamund (C.G.) for the offence punishable under Section 21 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that Police of Police Station - Singhoda, District - Mahasamund (C.G.) received secret information from the informant alleging that the two persons carrying illegal cough syrup in a Black Colour Bajaj Pulsar Bike (without number plate) were traveling from Odisha to Chhattisgarh and on the basis of said information, Police authorities have SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 conducted raid and seized 120 units of Onerex Cough Syrup from the possession of the applicant, thereafter, the offence has been registered against the applicant and he was arrested 14.11.2024 under the provisions of the NDPS Act, 1985. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 21.04.2025, therefore, this second bail application is filed on the ground that out of 15 witnesses, the statement of only four witnesses have been recorded, further charge-sheet has already been filed in the present case. He submits that out of four witnesses, two witnesses have not supported the case of prosecution. The applicant is in jail since 14.11.2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the possession of applicant 120 units of Onerex Cough Syrup has been recovered, which is much above the commercial quantity, as such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 21.04.2025 in MCRC No. 2995 of 2025 on the ground that the Onerex Cough Syrup article seized from the possession of the applicant was much above the commercial quantity. Further, considering the submission of counsel of applicant that out of four witness, two witness have not supported the case of prosecution, it cannot cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. Further, there appears to be no new ground. 7. Accordingly, the second bail application of the applicant - Shiva Goyal, 3 involved in Crime No. 121/2024 registered at Police Station - Singhoda, District – Mahasamund (C.G.) for the offence punishable under Section 21 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 8. 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 Dey