BENUBADI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has filed this second bail application under Sec. 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail pertaining to Crime No. 117/2022 in Special Criminal Case No. 26/2022 (NDPS Act) lodged at Police Station-Tapkara, District-Jashpur for commission of offence punishable under Sec. 20(B) of IPC.

(2.) Earlier, the first bail application preferred by the applicant i.e. MCRC/10163/2022 was rejected on merits vide order dtd. 27/3/2023.

(3.) In the present case, applicant was found in the conscious possession of 28.400 kg. Ganja on 13/9/2022. It appears that seizure witnesses have been examined and they have been declared hostile. Perusal of evidence of PW/1, namely Chaitanya Singh and PW/2, namely, Deenanath Nayak would show that they have admitted their signatures on Exhibits P-2, P-3,P-4, P-5, P-7, P-8, P-10, P-11, P-12, P-13, P-15, P-17, P-20, P-21, P-23, P-24 and P-25 and thereafter, they were declared hostile by the learned trial Court. The applicant is in jail since 13/9/2022