1 / 5 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8921 of 2025 Yuvraj Mehta S/o Tarkeshwar Mehta, Aged About 41 Years R/o Gayatrinagar Bhilai 03, Police Station- Old Bhilai, District Durg (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Old Bhilai, District Durg (C.G.) ... Non-Applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.11.2025 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. 124/2025 registered at Police Station – Old Bhilai District – Durg (C.G.), for the offence punishable under Section 20(B)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,1985. 2. The earlier bail application of the applicant being MCRC No. 4681 of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.10 18:09:24 +0530 2 / 5 2025 was rejected by this Court vide order dated 19.06.2025 on merits. 3. The prosecution story, 30.03.2025 Ash was on dated to check suspicious vehicles the police persons along with his staff reached NSPCL Fly Road Puraina and suspicious vehicles, when at around 16:00 hrs, a checking white XUV 500 car, numbered CG 22 AC 5656, was stopped on the Fly Ash Dam side. When asked about the driver's name, the driver gave his name as Dhirendra Sharma, and the person sitting next to him gave his name as Yuvraj Mehta. When asked about the contents of the vehicle, they failed to provide any information, leading to a search of the vehicle. During the search, a total of 12.394 kilograms of the illegal drug ganja, contained in three khaki-colored packets each, was seized from two plastic bags above the rear seat of the car. The accused Yuvraj Mehta and Dhirendra Sharma, were questioned and a memorandum was obtained. Dhirendra Sharma's truck operates through Yuvraj Mehta in the NSPCL Fly Ash (Rakhad) Dam, Purana. On checking by the police at the said place, a total of 06 packets of narcotic substance ganja were recovered from two plastic bags in his vehicle. The case has been registered against accused Yuvraj Mehta and hta and Dhirendra Sharma by the Police Station Bhilar-3: District Durg under the Crime No. 124/2025 under Section 20 (B) (ii) (B) of NDPS Act and after investigation, a charge sheet has been presented. 4. Learned counsel for the applicant submits that this is the second bail application of the present applicant. He further submits that no contraband article, i.e., cannabis, has been seized from his possession. The prosecution has failed to comply with the mandatory provisions of Sections 42, 50, and 52A of the NDPS Act, thereby 3 / 5 vitiating the entire proceedings. As per the Samras Panchnama dated 30.03.2025 at 17:25 hours, the contraband article (ganja) was mixed first, and thereafter, on 03.04.2025, the sample was taken, which is contrary to the mandatory provisions of the NDPS Act, as the sample must be taken before the mixing of the contraband. Furthermore, the alleged time of the incident is 30.03.2025 at about 17:30 hours, while the Samras Panchnama was prepared at 17:25 hours on the same day, clearly indicating fabrication and manipulation by the police to falsely implicate the applicant. The seizure and memorandum witnesses, P.W.1 Muzaffar Hussain and P.W.2 Subhash Kumar Netam, have not supported the prosecution case and have turned hostile. Similarly, P.W.3 Amit Lahre, the person responsible for weighing the contraband, has also turned hostile, thereby weakening the prosecution case. Out of 12 witnesses, only 3 have been examined so far, indicating that the trial will take considerable time to conclude. The applicant has been in judicial custody since 30.03.2025. 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 and submits that quantity of contraband article i.e. total 12.394 kgs of illegal drug ganja were recovered from the possession of the present applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the overall facts and circumstances of the case, the nature 4 / 5 and gravity of the offence, and the material available in the case diary, it is revealed that on 30.03.2025, during routine checking of suspicious vehicles near NSPCL Fly Ash Dam Road, Puraina, the police intercepted a white XUV 500 car bearing registration number CG 22 AC 5656, wherein the driver disclosed his name as Dhirendra Sharma and the person sitting beside him identified himself as Yuvraj Mehta, upon being questioned about the contents of the vehicle, both failed to provide any satisfactory explanation, leading to a lawful search of the vehicle, during which two plastic bags placed above the rear seat were found containing three khaki-colored packets with a total of 12.394 kilograms of contraband substance, i.e., ganja during further investigation, memorandum statements of both accused persons were recorded, revealing that Dhirendra Sharma was operating a truck through co-accused Yuvraj Mehta at the NSPCL Fly Ash Dam, Puraina, and subsequent verification led to the recovery of an additional six packets of ganja from two plastic bags in the said vehicle; therefore, from the perusal of the case diary, there exists sufficient prima facie material indicating the active involvement of the applicant in the illegal possession and transportation of a considerable quantity of contraband substance, and since no new ground has been raised in the present application, considering the seriousness of the allegations, this Court is of the considered opinion that the second bail application of the applicant deserves to be rejected. 8. Accordingly, the Second bail application of the applicant –Yuvraj Mehta, involved in Crime No. 124/2025 registered at Police Station – Old Bhilai District – Durg (C.G.), for the offence punishable under Section 20(B)(ii)(B) of the Narcotic Drugs and Psychotropic Substances 5 / 5 Act,1985, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of further four months from the receipt of certified copy of this order in accordance with law, if there is no legal impediment. 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 vaibhav