NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 8221 of 2023  Deepak Goswami S/o. Shri Samegiri Goswami, (Wrongly Mentioned As Samay In the Ordr Sheet) Aged About 20 Years R/o. Ward No.4, Detriha Para, Police Station Kota, District - Bilaspur, Chhattisgarh.

---- Applicant Versus  State of Chhattisgarh, Through Station House Officer, Police Station -

Basna, District - Mahasamund, Chhattisarh.

---- Non-Applicant (Cause Title taken from Case Information System)

For Applicant : Mr. Vikash Pradhan, Advocate.

For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

02.02.2024

1. This is the third bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 407 of 2020 registered at Police Station Basna, District- Mahasamund (C.G.) for the offences punishable under Section 20(b) of NDPS Act.

2. Case of the prosecution, in brief, is that on the basis of secret information, the police of Police Station Basna, District- Mahasamund (C.G.) has recovered 40 kg ganja from illegal possession of the Mahindra Vehicle bearing Registration No.CG 10 AF 2006.

Thereafter, present applicant memorandum statement was recorded, offence has been registered and the applicant has been arrested.

3. Mr. Vikash Pradhan, learned counsel for the applicant submits that his first bail application was rejected on merits on 06.01.2021 in MCRC No.6995 of 2020 and his second bail application was rejected on merits on 02.09.2021 in MCRC No.6657 of 2021 by co-ordinate Bench of this Court. He further submits that the petitioner is the driver of the vehicle from which total 40 kg ganja was recovered and he is in jail since 25.08.2020 and out of the 17 prosecution witnesses, 07 have been examined, inlcuding the Investigating Officer.

4. From perusal of the order dated 06.01.2021 and 02.09.2021, It transpires that, the earlier bail applications were rejected on merits by a co-ordinate Bench of this Court and no new ground has been raised and the fact that the seizure witnesses have turned hostile only amounts to tempering of evidence and that cannot be a ground for grant of bail. In such circumstances, this Court deems it appropriate to reject this third bail application at this stage.

5. Accordingly, the third bail application of the applicant-Deepak Goswami filed under Section 439 of the Cr.P.C, involved in Crime No. 407 of 2020 registered at Police Station Basna, District- Mahasamund (C.G.) for the offences punishable under Section 20(b) of NDPS Act, is rejected at this stage. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously within three months, if there is no legal impediment.

6. Office is directed to send a certified copy of this order to the trial Court concerned for necesasry information and compliance forthwith.

- Sd/-

(Ramesh Sinha) CHIEF JUSTICE Manpreet / Chandra