1 / 4 2025:CGHC:36207 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5146 of 2025 Mukesh Modi S/o Mathura Modi Aged About 45 Years R/o House No. 25/2 Maitri Nagar, Risali, Police-Station-Newai, Bhilai, District And Tehsil - Durg, Chhattisgarh ...Applicant versus Union Of India Through Inspector, Ncb Zonal Unit, Raipur, Having Its Office At D Wing, Third Floor, Central Secretariat Building, Sector 24, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Shrestha Gupta, Advocate. For Non-Applicant/State : Ms. Sweta Rai, Advocate on behalf of Mr. Ramakant Mishra, DSGI. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 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. 01/2025 registered at Police Station – NCB Raipur District – Raipur (C.G.), for the offence punishable under Section 8/20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act,1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.28 16:48:17 +0530 2 / 4 2. The earlier bail application of the applicant, being MCRC No. 4330 of 2025, was dismissed as withdrawn with liberty to file afresh, as the cause title of the case had not been correctly mentioned. 3. As per prosecution story in brief is that on 04.03.2025 Sub-inspector Manish Kumar.posted at police station NCB, District Raipur (C.G.) received office order to conduct search operation in Puri-Durg express train from Raipur station to Durg station along with the team of RPF Durg. As per the instructions received the RPF Durg team along with the Humrah Staff performed the search operation in Sleeper and General coaches of Puri-Durg Express train no. 18425 and during search operation two suspicious persons namely Debakishore Padhan and Jaymangal Padhan and during interrogation the two persons admitted they are in the possession narcotic substance cannabis. At the instance at platform no. 01 of Durg station two independent witnesses namely Narad Sahu and Dhanraj were included and then both accused were caught and searched and found a plastic bag. containing 12.394 kg cannabis. On further interrogation the accused in there memorandum admitted the said cannabis was to be supplied to the present applicant that is Mukesh modi. The present applicant had been arrested for committing the registered crime as Crime no. 01/2025 and had been arrested, on 25/04/2025 for offence U/s 8/20 read with 29 of NDPS act of NDPS act and the charge sheet is filed. 4. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case, as no specific or direct evidence is available against him. The allegations are vague and general in nature. He has been in custody since 25.04.2025, and the charge 3 / 4 sheet has already been filed. No recovery has been made from him, and his implication is solely based on the memorandum of co-accused persons. Co-accused Debakishore Padhan and Jaymangal Padhan have already been granted bail by this Hon’ble Court in MCRC No. 2745/24 by order dated 06.05.2025, and the applicant stands on an identical footing. He is the sole breadwinner of his family, responsible for the care of his aged parents and children, and his continued detention is causing undue hardship to them. He is a permanent resident of the address mentioned in the cause title and possesses both movable and immovable property, with no likelihood of absconding or tampering with prosecution witnesses. The applicant reserves the right to raise other permissible grounds at the time of hearing, therefore, he prays for enlarging the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that a total quantity of 12.395 KG Ganja was recovered from the possession of the present applicant and he has two criminal antecedent under the NDPS Act, as such, without expressing any opinion on the merits of the case and further looking to the seriousness of the allegations against the present applicant, this Court is of the considered opinion, that the second bail application of the applicant is entitled to be rejected. 4 / 4 8. Accordingly, the Second bail application of the applicant – Mukesh Modi, involved in Crime No. 01/2025 registered at Police Station – NCB Raipur District – Raipur (C.G.), for the offence punishable under Section 8/20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act,1985, is rejected. 9. Office 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 vaibhav