1 2026:CGHC:7396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1454 of 2026 Arun Kumar Khunte S/o Late Mahettarlal Khunte Aged About 53 Years R/o Village - Malkharauda, Police Station- Malkharauda, District - Sakti (C.G.). ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Lormi, District - Mungeli (C.G.) ... Respondent For Applicant : Shri Rajeev Kumar Dubey, Advocate. For Respondent/State : Shri Shubham Bajpai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/02/2026 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. 79/2025 registered at Police Station, Lormi, District - Mungeli GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.12 18:26:34 +0530 2 (C.G.) for the offence punishable under Section 20(B) of N.D.P.S. Act. 2. Case of the prosecution, in brief, is that on 15.02.2025, Inspector Akhilesh Kumar Vaishnav of Lormi police station received information from an informer that a person along with another companion was going to transport illegal narcotic substance ganja from Kudhurtal to Khektara in a Mahindra car number CG 12 AF 3456. Then, Inspector Akhilesh Vaishnav, based on the said information, reached the spot with witnesses along with necessary material and accompanying staff for taking action under the NDPS Act and upon conducting the raid, a person was seen coming in a car, who was surrounded and caught. There were two persons in the car, who, upon questioning, told their names to be Raju Sahu and Ramraj. Accused Raju Sahu has been arrested under Section 50 of the NDPS. After making the accused aware of their rights under the Act, upon proper search of the accused, three white colour plastic bags containing 28 pieces of ganja wrapped in brown colour tape, totalling 86.250 kg worth Rs.8,50,000 and one Mahindra XUV car bearing number CG 12 AF 3456 were seized from the possession of accused Raju Sahu. On the basis on which, a case under section 20B NDPS Act was registered against accused Raju Sahu and the juvenile in conflict with the law by Lormi police station under crime number 79/2025 and he was arrested on 15.02.2025 during the further investigation owner of the confiscated vehicle Mahindra Car bearing No. CG 12 AF 3 3456 was issued notice for want information answer to which told owner of the said vehicle Accused Arun Kumar Khunte i.e. present applicant and driver of the said vehicle Santosh Kumar lahre by which police has arrested the driver Santosh Kumar Lahre and recorded the memorandum statement as per the memorandum statement of the co-accused arrested the applicant in crime in question and registered aforesaid offence against the applicant. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 20/08/2025 in MCRC No. 5700 of 2025. He would submit that the alleged contraband was not recovered from the conscious possession of the applicant but from an open place and the applicant has been arraigned merely on the ground that he is the registered owner of the seized vehicle. It is further submitted that the applicant had given the vehicle on rent to the co-accused without any knowledge of the alleged offence. He is a person with disability and a government teacher by profession, having no criminal antecedents. He would further submit that the independent seizure witnesses have not supported the prosecution case and have turned hostile. He would submit that the applicant is in jail since 19/06/2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 4 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 was rejected by this Court on merits vide order dated 20/08/2025 in MCRC No. 5700 of 2025. Ground which has been raised in this second bail application is that independent seizure witnesses have not supported the prosecution case and have turned hostile which cannot be a ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant-Arun Kumar Khunte, involved in Crime No.79/2025 registered at Police Station, Lormi, District - Mungeli (C.G.) for the offence punishable under Section 20(B) of N.D.P.S. Act is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri