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2026 DAILYLAW 35735 (CHH)

LAXMI MOHITE CHOUHAN v. STATE OF CHHATTISGARH

MCRC/8543/2026 · 2026-09-14

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010352572026 2026:CGHC:40171 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8543 of 2026  Laxmi Mohite Chouhan W/o Akshaya Chouhan Aged About 40 Years R/o Aerand Chandar, P.S. Chandar Railway, District Amravati Maharashtra ... Applicant versus  State Of Chhattisgarh Through Police Station D.D. Nagar Raipur Chhattisgarh ... Non-Applicant For Applicant : Ms. Kiran Jain, Advocate For State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.09 .2026 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 515/2025 registered at Police Station D.D. Nagar, District Raipur (C.G.), for the offence punishable under Sections 20 (C) & 29 of the NDPS Act 1985. 2. The first bail application of the applicant being MCRC No. 3824 of 2026 was rejected by this Court vide order dated 08.07.2026 3. Case of the prosecution, in brief, is that on 01.11.2025, the Investigating Officer received secret information from an informer that two persons were waiting in a white-coloured car bearing registration No. OD-26/G- SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.16 16:53:48 +0530 2 0938 with a quantity of ganja in their possession for the purpose of selling it to prospective customers. Acting upon the said information and after complying with the mandatory provisions of the NDPS Act, the police party proceeded to the spot and intercepted the said vehicle. Upon search, 56 kilograms of ganja was recovered and seized from the joint possession of the accused persons, namely Gagan Manjhi and Raju Beriya. During the course of investigation, on the basis of the memorandum statements of the said co-accused persons, it was revealed that the present applicant, Laxmi Mohite, along with co-accused Archana Mohite, had allegedly brought the contraband from Odisha. The applicant was thereafter arrested on 02.11.2025. It is further alleged that, pursuant to the memorandum statement of the applicant, one mobile phone was recovered, which was allegedly used by her to send the location to co- accused Gagan Manjhi. After completion of the investigation, the police filed the charge-sheet before the competent Court. 4. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. This is the second bail application, first bail application was rejected on merits. She submits that till now, only three prosecution witnesses have been examined out of 19 and the applicant is in jail since 02.11.2025. She further submits that his implication in the present case is based solely on the disclosure statement made by the co-accused. It is further argued that there has been non-compliance with the mandatory provisions of Section 55 of the NDPS Act, as the seized contraband was not sealed with the seal of the Station House Officer before being deposited in the Malkhana. She also submits that charge-sheet has been filed before the competent Court 3 and conclusion of the trial may take some time. Therefore, she prays for grant of regular bail to the present applicant. 5. On the other hand, learned counsel appearing for the State would oppose the bail application. He would submit that 56 kgs of ganja, which is much above the commercial quantity, has been recovered in the present case, therefore, the applicant is not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Having considered the fact that first bail application was dismissed on merits. Further the fact that the contraband seized from applicant is much above the commercial quantity, the material collected during investigation prima facie indicates involvement of the applicant in the illegal trafficking of contraband. Further considering the allegations leveled against the present applicant, I am not inclined to allow this application. Accordingly, the repeat application for the grant of bail is rejected. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant