1 2026:CGHC:26878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5768 of 2026 Akshay Ratre S/o Rajkumar Ratre Aged About 30 Years R/o Of Singhoda P.S. Singhoda District Mahasanund C.G. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer Police Station Singhoda District Mahasamund C.G. ... Respondent(s) For Applicant(s) : Mr. Ajay Kumar Chandra, Advocate. For Respondent(s) : Ms. Nupur Trivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.07.2026 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. 30/2026 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, 2 1985. 2. Case of the prosecution, in brief, is that on the basis of secret information received during patrol duty, the police intercepted a Hero Glamour motorcycle near village Rehtikhol and apprehended two persons allegedly transporting contraband from Odisha to Chhattisgarh. During search conducted after due compliance with the provisions of the NDPS Act, 21 bottles of ESKUF cough syrup containing Codeine Phosphate and Triprolidine Hydrochloride (2100 ml) and 10 Nitrazepam tablets were recovered from their possession. The accused allegedly disclosed that the contraband was to be delivered to co-accused Akshay @ Manglu Ratre at Singhoda (present applicant). As the accused failed to produce any valid authorization for possession or transportation of the seized articles, Crime No. 30/2026 was registered for offences under the NDPS Act, and the investigation is pending. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 30.04.2026, therefore this second bail application is filed on the ground that the applicant is languishing in jail since 22.03.2026 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 the applicant was the intended 3 recipient of the contraband allegedly being transported by the co- accused from Odisha to Chhattisgarh, and that the seized ESKUF cough syrup and Nitrazepam tablets were to be delivered to him at Singhoda, his involvement is primarily based on the disclosure statement of the co-accused during investigation, further the seizure made from the co-accused persons i.e. 21 bottles of ESKUF cough syrup containing Codeine Phosphate and Triprolidine Hydrochloride (2100 ml) and 10 Nitrazepam tablets, is much above the commercial quantity prescribed under the NDPS Act, as such, the applicant 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 30.04.2026 in MCRC No. 3981 of 2026 on the ground that the applicant was the intended recipient of the contraband being transported by the co-accused persons from Odisha to Chhattisgarh and the seizure effected from the possession of the co-accused comprises 21 bottles of ESKUF cough syrup containing Codeine Phosphate and Triprolidine Hydrochloride (2100 ml) along with 10 Nitrazepam tablets, which is admittedly above the commercial quantity prescribed under the provisions of the NDPS Act and no explanation was offered regarding the same. So far as the ground of incarceration taken by the applicant is concerned, the Hon’ble 4 Supreme Court in the matter of Union of India (UOI) Vs. Vigin K. Varghese (Special Leave Petition (Cri.) Nos.7768 of 2025 and 11097 of 2025) decided on 13.11.2025 has observed that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail. 7. Considering the fact that the first bail application of the applicant was rejected on merits by this Court, further the fact that trial is in progress and also in the light of observation made by the Hon’ble Supreme Court in Vigin K. Varghese (supra) that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail, therefore I do not find any good ground to entertain this second bail application. 8. Accordingly, the second bail application of the applicant- Akshay Ratre, involved in Crime No. 30/2026 registered at Police Station Singhoda District Mahasamund (C.G.) for the offence punishable under Section 21(C) of the NDPS Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 10.Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil