1 2025:CGHC:6580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 912 of 2025 Sandeep Sahu S/o Jaypal Sahu Aged About 21 Years R/o Gram - Khera, Sahu Para, Police Station - Masturi, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station Sarkanda, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sandeep Jain, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2025 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. 305/2023 registered at Police Station – Sarkanda, District Bilaspur (C.G.), for the offence punishable under Sections 20(B) and Section 29 of the NDPS Act. 2. The earlier bail application filed under Section 483 of the BNSS in MCRC No. 3995 of 2024 for grant of regular bail to the applicant, 2 which was rejected on merits vide order dated 28.06.2024. 3. According to the prosecution's story, on 07.03.2024, the trainee Additional Superintendent of Police from Sarkanda Police Station, Bilaspur, received a tip from an informant and arrived at the scene to set up a blockade. As an Artiga car approached, the ofÏcer attempted to stop it by signaling with his hand, but the driver sped away and crashed into a bridge before fleeing on foot. Upon searching the car, the police found illegal ganja (cannabis) hidden in two sacks, each containing 24 packets. After weighing the contents of each sack separately, the total weight of the substance was found to be approximately 50 kilograms (24 kg 664 grams in the first sack and 24 kg 374 grams in the second). An FIR was subsequently filed against the unknown accused under the NDPS Act. 4. Learned counsel for the applicant would submit that this is Second Bail application, the first bail application of the applicant was dismissed on merits. He submits that in reality, a closer examination of the case reveals that the police falsely implicated the applicant in this case solely to train a probationary DSP in procedures under the NDPS Act, including search, seizure, and arrest. The applicant remains unaware of the reasons behind his implication in this case. He further submits that the first bail application preferred by the applicant was rejected by this Court with a direction to conclude the trial within a period of 06 months from the passing of that order, but till date the trial has not yet been concluded. He also submits out of 03 prosecution witnesses including seizure witnesses have been 3 turned hostile. He also submits that the applicant was arrested by a probationary DSP on 12.03.2024 as per the arrest memo. However, according to a notification published by the State Government, a probationary DSP is not empowered to conduct searches, seizures, or arrests under the NDPS Act. Therefore, the applicant's arrest is null and void from the outset. Consequently, the applicant's detention since the date of arrest constitutes a continuous violation of his constitutional rights. He further submits that the applicant is in jail since 12.03.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. He relies upon the judgment of the Supreme Court in the matters of Roy V.D. v. State of Kerala, reported in AIR 2001 SC 137, Bablu Singh v. The State of Madhya Pradesh (SLP No.631/2024), decided on 5.8.2024 and the judgment of the Punjab and Haryana High Court in the matter of Ajit Singh alias Jeeta and another v. State of Punjab (Criminal Revision No.4659/2015), decided on 30.11.2018. 5. On the other hand, the learned State counsel opposes the prayer for grant of regular bail to the applicant and submits that the applicant, along with other co-accused persons, was involved in trading contraband articles, i.e. 49.038 kgs of ganja, which are much above the commercial quantity. Therefore, the applicant is not entitled to regular bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, further the 4 fact the first bail application of the applicant was dismissed on merits by this Court on 28.06.2024 in MCRC No. 3995 of 2024, moreover, the allegation against the applicant is that the applicant, along with other co-accused persons, was involved in trading of contraband article, i.e. 49.038 kgs of ganja, which are much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication, further, it appears that the applicant while remaining in jail has indulged in tempering with the evidence as 03 prosecution witnesses have turned hostile, therefore, I do not find any new ground or change in circumstances to entertain this second bail application. 8. Accordingly, the second bail application of the applicant – Sandeep Sahu, filed under Section 483 of the BNSS, involved in Crime No. 305/2023 registered at Police Station – Sarkanda, District Bilaspur (C.G.), for the offence punishable under Sections 20(B) and Section 29 of the NDPS Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.07 18:14:40 +0530