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2026 DAILYLAW 21916 (CHH)

RAJU SAHU v. STATE OF CHHATTISGARH

MCRC/5271/2026 · 2026-06-16

body2026

Judgment text

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1 2026:CGHC:24465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5271 of 2026 Raju Sahu Son Of Salikram Sahu Aged About 32 Years R/o Village Kudhurtal, Thana- Lalpur, District- Mungeli (C.G.) (As Per F I R) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Lormi, District - Mungeli C.G. ... Non-applicant For Applicant : Ms. Anjali Pradhan, Advocate. For Non-applicant/State : Mr. Priyank Rathi, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 1. This is the Second bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. Crime No.79/2025 registered at Police Station – Lormi, District - Mungeli (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 15.02.2025, Inspector Akhilesh Kumar Vaishnav of Police Station Lormi received Digitally signed by JYOTI JHA Date: 2026.06.18 18:10:59 +0530 2 information through an informer that one person along with another associate was illegally transporting narcotic substance (ganja) in a Mahindra car bearing registration No. CG 12 AF 3456 from village Kudhurtal towards village Khektara, upon which he, after issuing notices to witnesses and taking necessary materials for proceedings under the NDPS Act along with staff and witnesses, reached spot and conducted a raid, wherein a car was intercepted and two persons were found seated, one on the driver's seat and another beside him, who on inquiry disclosed their names as Raju Sahu (present applicant) and Ramraj, and after informing them of their rights under Section 50 of the NDPS Act and conducting their personal search nothing incriminating except clothes was found, however upon search of the said vehicle three white plastic sacks were found containing 28 packets each wrapped in brown tape totaling 86.250 kg ganja valued at 8,50,000/- which was seized from the possession of present applicant and upon notice no valid documents were produced and as both accused were found transporting commercial quantity of ganja for illegal sale, Crime No.79/2025 under Section 20(b) NDPS Act was registered at Police Station Lormi against them and they were arrested and during investigation notice was issued to the registered owner Arun Kumar Khunte who disclosed that the vehicle was driven by Santosh Kumar Lahre, who on being taken into custody stated that he was employed by the owner and had handed over the 3 vehicle to Raju Sahu on 15.02.2025 due to monetary inducement and on finding 3 sufficient evidence against other co-accused persons Arun Kumar Khunte and Santosh Kumar Lahre they were arrested on 19.06.2025 and after completion of investigation charge-sheet has been filed under Section 20(b) NDPS Act which is presently pending for prosecution evidence. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 07.05.2026, therefore this second bail application is filed on the ground that till date, out of 16 prosecution witness, only 03 have been examined, further charge-sheet has already been filed in the present case and the applicant is in jail since 15.02.2025, hence, she prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the quantity of contraband article seized from the joint possession of applicant and other co- accused persons is more than the commercial quantity, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the record, it transpires that this is the second bail application filed by the applicant. The first bail application was dismissed on merits by this Court vide order dated 07.05.2026 4 passed in MCRC No. 4289 of 2026, taking into consideration the fact that 86.250 kg of ganja, which is much above the commercial quantity prescribed under the NDPS Act, was seized from the joint possession of the applicant and the co-accused persons. The only ground urged in the present bail application is that out of 16 prosecution witnesses, only 03 witnesses have been examined and the applicant has remained in custody since 15.02.2025 7. Accordingly, finding no fresh ground warranting reconsideration of the matter, the second bail application of the applicant- Raju Sahu, involved in Crime No. 79/2025 registered at Police Station Lormi District Mungeli (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Jyoti