2025:CGHC:54597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8937 of 2025 Mohammad Shahrukh Danish S/o Amanullah Aged About 24 Years R/o 25/27 Second Floor, Trilokpuri, Police Station And Tehsil Trilokpuri, District East Delhi (Delhi) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District Mahasamund (Chhattisgarh) ... Respondent For Applicant : Mr. Sushil Dubey, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.11.2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No.90/2024, registered at Police Station : Singhoda District – Mahasamund (C.G) for the offence punishable under Section 20(b) and 29 of the NDPS Act. 2. The earlier bail application filed under Section 483 of the BNSS in MCRC No. 992 of 2024 for grant of regular bail to the applicant, which was rejected on merits vide order dated 04.02.2025. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.11 18:39:41 +0530 3. The prosecution story, in brief, is that on 10.08.2024, the police of Police Station Singhoda, District Mahasamund, acting on a credible piece of information, intercepted a Mahindra car bearing registration number HR 51 BB 5314, which was suspected to be involved in illegal transportation of contraband. Upon search, the police recovered 27 kilograms of ganja from the said vehicle. The contraband was found in the joint possession of the present applicant along with other co- accused persons, who were travelling in the said car. The accused persons failed to produce any valid document or licence authorizing possession or transportation of the seized contraband. Consequently, the police seized the ganja under proper seizure memo, arrested the accused persons, and registered a case under the relevant provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that in the present case by the police of Police Station Singhoda, District Mahasamund (C.G.) in connection with Crime No. 90/2024 for the offences punishable under Sections 20(b) and 29 of the NDPS Act. The alleged contraband (ganja) is said to have been recovered from the joint possession of the applicant and co-accused Mohd. Sarik, and the concerned police have not complied with the mandatory provisions of the NDPS Act during investigation and seizure. The prosecution witnesses, namely Jitendra Meher (PW-1) and Sharad Das (PW-2), who were seizure and Taul- Panchnama witnesses respectively, have turned hostile before the learned Trial Court and have not supported the prosecution case. The trial is likely to take considerable time to conclude, as out of 16 witnesses, only two have been examined so far. It is a settled principle of law that bail is the rule and jail is the exception, and continued detention of the applicant, when the investigation is complete and no useful purpose would be served by keeping him in custody, would amount to a violation of his fundamental right to personal liberty under Article 21 of the Constitution of India. The applicant is in judicial custody since 10.08.2024, is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready to furnish adequate surety and undertakes to abide by any conditions imposed by this Hon’ble Court, therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. 27 Kgs of Ganja, was recovered from the joint possession of the present applicant and other co-accused person, 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 for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, and the nature and gravity of the offence levelled against the applicant, on perusal of the case diary and the material available on record, it is prima facie revealed that the present applicant is involved in the commission of an offence punishable under Section 20(b) of the NDPS Act. The applicant/accused was found illegally transporting 27 kilograms of ganja in a Mahindra car bearing registration number HR 51 BB 5314. The contraband was seized from his joint possession, which is much above the commercial quantity, and the applicant has failed to provide any satisfactory explanation for the same. No new ground has been raised in the present application, and considering the seriousness of the allegations against the applicant, 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 namely, Mohammad Shahrukh Danish, involved in Crime No.90/2024, registered at Police Station : Singhoda District – Mahasamund (C.G) for the offence punishable under Section 20(b) and 29 of the NDPS Act, is rejected. 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 vaibhav