ORDER :

W.DIENGDOH, J.

1. Heard Mr. S.S. Yadav, learned counsel who has submitted that the petitioner has approached this Court by way of this application under Section 483 of the BNSS with a prayer for grant of bail since he was arrested on 01.07.2023 in connection with Umsning P.S. Case No. 21(07) 2023 under Section 21(c) and 29 of the NDPS Act.

2. The learned counsel has submitted that the case has since been charge sheeted and the learned Special Judge (NDPS), Ri-Bhoi District, Nongpoh had taken cognizance of the same in Crl. (NDPS) Case No. 23 of 2023. The stage of the case is for recording of evidence of the prosecution’s witnesses.

3. The learned counsel has also fairly admitted that this is the second bail application filed before this Court, the first one was dismissed by this Court vide order dated 26.06.2025. Since then, certain material witnesses have been examined in the case, their deposition of which has prompted the petitioner to approach this Court with a prayer for grant of bail, centered on the merits of the case.

4. It is the further submission of the learned counsel that on perusal of the evidence rendered by PW-2, what can be seen is that this witness has categorically stated in his examination-in-chief that on 30.06.2023 at around 8:00 p.m. while he was at home, the police came to his house and asked him to accompany them to the house of Bah Kyndiah (petitioner herein) located at Lumkeni. On reaching the said house, the police started a search of the house to recover any suspected contraband. However, no such contraband was found and three policemen stayed at the said house overnight.

5. Similarly, PW-3 in his examination-in-chief has also stated that on 30.06.2023 at about 9:00 p.m. or so while he was at home, he received a phone call from the village headman requesting him to come to his house. From there along with the headman he went to the house of Bah Kyndiah whereupon he saw the police conducting a search of the said compound and house of the petitioner. This witness was at the said house for about two and half hours and since nothing was recovered by the police, he went back home.

6. PW-2 has further stated that on the following day, that is, 01.07.2023 at about 8:00 a.m. or so he was instructed by the police to go back to the house of the petitioner and he along with members of the village were present at about 9:00 a.m. when the police again started searching the place in and around the compound. The police then found one big tin box from outside the compound of the house of the petitioner hidden in the bushes. This witness has reiterated that even on 01.07.2023 nothing was recovered from the house of the petitioner.

7. PW-3 has also stated something in the same line when he said that on 01.07.2023 he was again called to go to the house of the petitioner and at about 8:30 a.m. to 8:45 a.m. when he arrived at the house, he saw some police personnel were still conducting search inside and outside the house. This witness also saw the police recovered one big tin box from outside the compound of the house of the petitioner.

8. The learned counsel has also submitted that PW-1 who is the complainant and a police official in his deposition before the court has stated that on 01.07.2023 at 8:00 a.m. the search was conducted. At around 1:00 p.m. the sniffer dog gave a signal toward the jungle area at the entrance of the farm house and when the search party proceeded toward the jungle area, one iron box was recovered.

9. The learned counsel at this point of time has referred to the authorization certificate under Section 41(2) of the NDPS Act issued by Shri Ishan Gupta, IPS Assistant Superintendent of Police, Ri-Bhoi District, wherein SI Kenneth Nongsiej of Umsning P.S. was authorised to conduct house/body search and seizure over the farmhouse and premises of Shri. Ramul Kyndiah S/o (L) R. Pde at Lumkeni, Umran, Niangbyrnai, Ri-Bhoi District. The said authorization was dated 01.07.2023 at about 2:30 p.m. This, acc