1 2025:CGHC:5344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 834 of 2025 Kamlawati Devi W/o Vishwakarma Sah Aged About 40 Years R/o Village Lakshmipur Palpur Lalganj P/s Bairia District - Ballia (U.P.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Mainpur Gariyaband (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Lukesh Kumar Mishra, Advocate. For Non-Applicant(s) : Mr. Nitansh Jasiwal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2025 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. 40/2024 registered at Police Station Mainpur Gariyaband (C.G.) for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on the Police of Police Station Mainpur Gariyaband (C.G.) received secret information AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 from the informant and on the basis of said information, Police have conducted raid and seized total 30 Kgs of contraband articles i.e. Ganja from the joint possession of applicant and other co-accused persons, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 12.07.2024 in MCRC No.3067 of 2024, therefore this second bail application is filed on the ground that from the joint possession of applicant and co-accused persons 30 Kgs of Ganja has been seized, but from the possession of present applicant only 10 Kgs of Ganja has been seized, which is less than the commercial quantity, so far as status of trial is concerned, out of 15 witnesses, 6 witnesses have been examined, charge-sheet has already been filed in the present case and the applicant is in jail since 05.04.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the from the joint possession of applicant and other co-accused persons total quantity of contraband article i.e. 30 Kgs of Ganja has been seized, which is much above the commercial quantity, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 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 on merits vide order dated 12.07.2024 in MCRC No. 3067 of 2024 and the ground taken by applicant in the second bail application that from the possession of present applicant only 10 Kgs of Ganja has been seized, which is less than the commercial quantity, but it is an organized crime and the contraband article seized from the joint possession of applicant and other co-accused persons i.e. 30 Kgs of Ganja is much above the commercial quantity, the said fact has already been considered by this Court at the time of first bail application, further there appears to be no new ground, so far as status of trial is concerned, out of 15 witnesses, 6 witnesses have been examined. 7. Accordingly, the second bail application of the applicant- Kamlawati Devi, involved in Crime No. 40/2024 registered at Police Station Mainpur Gariyaband (C.G.) for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil