1 2025:CGHC:50490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6818 of 2025 • Raju Lodhi, S/o Shree Nanhebhai Lodhi, Aged About 45 Years House No. 916, Ward No. 4, Laxmingar, P.S. - Baheriya, Makrouniya, District - Sagar, Or R/o Village Ragoli, P.S.- Sanoudha, District - Sagar (M.P.) ... Applicant versus • Narcotics Control Bureau (Ncb) Indore Through Narcotics Control Beureau, Zonal Unit- Indore (M.P.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Akhil Kumar Samantray, Advocate For Respondent : Mr. Ramakant Mishra, DSG Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.10.2025 1. This is Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.03/2024 registered at Police Station – Narcotics Control Bureau, Zonal Unit District – Indore (M.P.) for the offence punishable under Sections 8/20(b) ii (c) read with Sections 25, 27 and 29 of NDPS Act. 2. The first bail application filed by the applicant has been rejected in MCRC No.1564 of 2025 vide order dated 25.02.2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.13 18:26:43 +0530 2 3. Case of the prosecution, in brief, is that on 15.02.2024, the NCB on the basis of a secret information stopped the truck bearing registration No. CG-25-H-0370 and Swift Car bearing registration No. CG-10-AK-2802 and taken into possession 628.420 kgs Ganja from the truck bearing registration No. CG-25-H-0370. The applicant/accused and other co-accused have been arrested in connection with aforementioned recovery. The Narcotics Control Bureau has produced the challan in the present case and arrested the applicant. Hence the bail application. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. It is further submitted that the no contraband article has been seized from the physical possession of the present applicant and neither he was piloting the truck, in which the contraband article has been seized. He further submits that during the course of investigation, the memorandum statement of applicant was recorded, in which he admitted that he was a receiver of the contraband article and further some communication which was made by him to his mobile with the co- accused person he has been implicated in the present case. It is submitted that the applicant is in jail since 03.07.2024, and so far as the trial of the case is concerned out of 18 witnesses statement of only two prosecution witnesses have been recorded and out of seven criminal antecedents, there are two cases under the NDPS Act, but in said two cases applicant has been convicted and he has filed an appeal before the Madhya Pradesh High Court and suspension of sentence has been allowed in both the cases, which is pertains to the year 2008. He also submits that the conclusion 3 of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned counsel for the NCB, opposes the bail application and submits that it transpires from the memorandum statement of the applicant itself he was receiver of the contraband article and CDR analysis report goes to show that the applicant involved in the drug trafficking and applicant’s mobile number revealed that he was in contact with co-accused Manish Sahu and Ganja supplier Shankar Bari, these statement and CDR analysis report strongly indicate that Raju Lodhi was actively involved in the drug trafficking. He further submits that applicant is having seven criminal antecedents, out of which two cases are under the NDPS Act, bearing crime Nos. 01 of 2008 and 227 of 2017 registered at Police Station Sanaudha District- Sagar (M.P) under Section 08/2020 of NDPS Act and applicant has been convicted in the said offences and he is on bail and he has misused the bail granted him earlier. Thus, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submission made by learned counsel for the parties and also considering the fact that applicant is a habitual offender and he actively involved in drug trafficking and applicant is having seven criminal antecedents, out of which two cases are under the NDPS Act, bearing crime Nos. 01 of 2008 and 227 of 2017 registered at Police Station Sanaudha District- Sagar (M.P) under Section 4 08/2020 of NDPS Act and applicant has been convicted in the said offences and he is on bail and he has misused the bail and liberty granted him earlier, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this bail application of applicant – Raju Lodhi, involved in Crime No. 03/2024 registered at Police Station – Narcotics Control Bureau, Zonal Unit District – Indore (M.P.) for the offence punishable under Sections 8/20(b) ii (c) read with Sections 25, 27 and 29 of NDPS Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 vaishali