1 2025:CGHC:7058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1113 of 2025 Vishnu Deva S/o Tuleshwar Singh Aged About 28 Years R/o Semli, Police Station- Balrampur, Distt.- Balrampur - Ramanujganj (C.G.) ... Petitioner(s) versus State of Chhattisgarh Through Police Station Balrampur, Distt.- Balrampur - Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Sharda Prasad, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.02.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 57/2024 registered at Police Station – Balrampur, Distt.- Balrampur - Ramanujganj (C.G.), for the offence punishable under Sections 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The earlier bail application of the applicant has been rejected by this Court on merits vide order dated 24.07.2024 passed in MCRC No. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.10 17:35:10 +0530 2 5221/2024. 3. Case of the prosecution, in brief, is that on 29.03.2024 at about 04:30, 11 pieces of ONEREX Cough Syrups containing 100 ml. each in seal packed condition and 7 pieces in open condition and 32 pieces ALPRAZOLAM-05.mg. was recovered from the possession of present applicant in black color bag at Village Semli Police Station- Balrampur, Distt. Balrmapur-Ramanujganj (C.G.) which is more than commercial quantity as per the provision of the NDPS Act. The First Information Report has been lodged against the present applicant and after completion of investigation, the charge-sheet has been filed against the present applicant. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 29.03.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband article i.e. 11 pieces of ONEREX Cough Syrups containing 100 ml each in seal packed condition and 7 pieces in open condition and 32 pieces ALPRAZOLAM-05 mg, recovered from the possession of the applicant, which is much above the commercial quantity, therefore, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the 3 case diary. 7. Considering the fact that the first bail application of the applicant was rejected by this Court on the ground that the contraband article which has been seized from the possession fo the applicant, is much above the commercial quantity and there appears to be no new ground. Accordingly, the bail application of the applicant - Vishnu Deva, involved in Crime No. 57/2024 registered at Police Station – Balrampur, Distt.- Balrampur - Ramanujganj (C.G.), for the offence punishable under Sections 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Preeti