1 2025:CGHC:19069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3253 of 2025 Raghvendra Shrivastava S/o Maithilisharan Shrivastava Aged About 34 Years Resident Of Bhitari, Police Station Bhitari, District Datia (M.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chilfi, District Kabirdham, Chhattisgarh ... Respondent For Applicant : Shri D.C. Verma, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2025 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. 41/2024 registered at Police Station, Chilfi, District Kabirdham (C.G.) for the offence punishable under Section 20(b)(ii)(c) of NDPS Act. 2. Case of the prosecution, in brief, is that on 26.10.2024 Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.29 19:10:02 +0530 2 Chilfi on information through informer raided the two vehicles on the place of incidence near Excise Chick Post NH 30 Main Road Chilfi. The applicant/ accused were illegally transporting the narcotic substance cannabis (Ganja) in 20 packets wrapped with Khaki colored tape in a white colored bag in a Swift Car bearing registration No. MP-07-CK- 0182, whose total weight including the bag was 28.500 kg worth Rs. 2,85,000/- it is also alleged that this accused who was driving another vehicle namely Aura Car bearing No. MP-07-ZP-2654 was piloting and tried to escape from the place of incidence. Police Station Chilfi has registered the aforesaid offence and after due investigation filed a charge sheet under the aforesaid sections of NDPS Act. Case is pending for trial. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 22/01/2025, therefore this second bail application is filed on the ground that the alleged article has not been seized from the exclusive possession of the applicant as he was allegedly moving in a different Aura Car vehicle bearing registration No. MP-07-ZP-2654, hence no case is made out under the NDPS Act and the prosecution has falsely roped the name of the applicant in the present crime, the investigation has been completed and the charge sheet has been filed now, there is no chance of influencing the witnesses, the applicant is in jail since 26.10.2024 and trial is likely to take time for its conclusion, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 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 3 rejected on merits by this Court vide order dated 22/01/2025 in MCRC No.8387/2024. Only ground which has been raised in this second bail application is that alleged article has not been seized from the exclusive possession of the applicant as he was allegedly moving in a different Aura Car vehicle bearing registration No. MP-07-ZP-2654 and charge sheet has been filed, which cannot be a ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant- Raghvendra Shrivastava, involved in Crime No. 41/2024 registered at Police Station, Chilfi, District Kabirdham (C.G.) for the offence punishable under Section 20(b)(ii)(c) of NDPS Act, is rejected. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information. o the trial Court concerned for necessary information and co that the tr Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri