1 2025:CGHC:6877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1087 of 2025 Aditya Mahilange @ Raja, S/o Chhotelal Mahilange, Aged About 23 Years, R/o Manjhwapara, Rajiv Gandhi Chowk, Police Station - Civil Line, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Police Stn. - Civil Line Bilaspur, District Bilaspur, Chhattisgarh. ... Respondent For Petitioner : Mr. Yuddhveer Singh, Advocate For Respondent : Ms. Supriya Upasane, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 06.02.2025 1. This is Third Bail Application filed under Section 483 of the Bhartiya Nagrick Suraksha Sanhita 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 134/2023 registered at Police Station Civil Line Bilaspur District- Bilaspur (C.G.), for the offence punishable under Sections 21 and 22 of the NDPS Act 1985. 2 2. Case of the prosecution, in brief, is that on 06.02.2023, the police of Police Station Civil Line, Bilaspur, District Bilaspur Chhattisgarh, on a secret information, reached on the spot and found the application possessing 105 bottles of Codin Syrupkop Freecought Syrup (each 100 ml) total 10,500 ml and accordingly, the ofence was registered against him. 3. Learned counsel for the applicant submits that the First & Second bail application was rejected on merits by this Court vide order dated 03.11.2023 & 02.07.2024, therefore this third bail application is filed on the ground that out of 12 witness, 10 witness have been examined and they have not supported the case of the prosecution. It is also submitted that the contraband article was not seized from the conscious possession of the applicant, but it was seized from an open place. He has further submitted that the seizure of contraband, which was made, was not in accordance with law as per the statement of the Investigating Officer and Malkhana witness, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel opposses the bail application by submitting that the applicant has 9 criminal antecedents relating to Excise Act, Gambling Act and other offences under the Indian Penal Code and further the quantity of contraband articles sezied from the possession of the applicant is also above the commercial quantity, therefore, the applicant is not entitled to bail. 3 5. I have heard learned counsel for the parties, gone through the bail application along with its annexures and have also perused the case diary. 6. From perusal of the case diary it transpires that the quantity of contraband ariticle seized from the applicant is 10,500 ML, which is much above the commercial quantity and further the applciant has 9 previous criminal antecedents, which itself shows that he is an habitual offender. Moreso, as the time period of six months and three months respectively was gratned to the learned Trial Court from 03.11.2023, which has already been expired, in such circumstances this Court deems it fit, that the Trial Court would conclude the trial within a further period of three months, if there is no legal impediment. 7. Accordingly, the third bail application of the applicant-Aditya mahilange @ Raja iled under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 134/2023 registered at Police Station Civil Line Bilaspur District-Bilaspur (C.G.), for the offence punishable under Sections 21 and 22 of the NDPS 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 - Sd/- Sd/- (Ramesh Sinha) Chief Justice Arpan