ORDER :

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.206/2022 registered at Police Station Urla, District Raipur for offence under Section 20 (c) of the NDPS Act.

2. Prosecution case is that on the basis of secret information that the accused persons were illegally transporting contraband Ganja in a truck bearing registration No.OR-04/H-0865 for sale from bordering State of Odisha to Nagpur, (Maharashtra), through Chhattisgarh, the said fact was recorded at daily diary Entry No.17 and in compliance of Section 42 of the NDPS Act, information has been sent to the CSP, Urla. The vehicle was intercepted and the present applicants were apprehended. Applicant Ranjan Kumar Sahu is the driver whereas other coaccused is the conductor of the said vehicle. As per the procedure, a search has been made in the alleged truck and 16 plastic bags of contraband Ganja totalling 4.80 quintals amounting to Rs.24 lakhs was seized from the joint possession of the present applicant. Samples were obtained and the same were sent to the FSL. It has been confirmed that the said samples were Ganja. The applicants also confessed that the said Ganja was being transported, as the same was handed over to them by Ranjan Babu, truck owner and mobile number of the said person was also given. During investigation, it was found that the vehicle belongs to one M. Tirupati Patre, to whom the earlier owner namely, Sharmishtha Zena has sold the vehicle. Based on such allegations, offence has been registered.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated. Though investigation is complete and charge sheet has also been filed in the month of November, 2022, however, charges have not been framed so far and, therefore, there is huge delay in trial. Placing reliance on the judgment of the Hon’ble Supreme Court in the matter of Mohd. Muslim @ Hussain Vs. State (NCT of DELHI) {2023 SCC OnLine SC 352}, it is submitted that the right to speedy trial of offenders facing criminal charges is implicit in the broad sweep and content of Article 21 of the Constitution. She further submits that compliance of Sections 42 and 55 of the NDPS Act has also not been made inasmuch as the Investigating Officer, at the time of seizure, has only affixed the seal of the concerned Police Station, though as per the provisions of the said Section, personal seal of the officer concerned was required mandatorily.

4. Learned counsel for the applicants further submits that Rule 10 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022, which deals with drawing the samples, has also not been followed. Even the seized articles were sent for chemical examination with a delay of 4 days, which creates doubt on the part of the prosecution. She further submits that the present applicants are only driver and conductor of the vehicle and therefore they had no information about the material kept inside the bags. The applicants are bound to comply with the order of their master. They are in jail since 16.5.2022 & 15.5.2022 respectively and they have no criminal past. Considering all these aspects, the applicants may be released on bail. Reliance is placed in the matters of Noor Aga Vs. State of Punjab and Another, (2008) 16 SCC 417, State of Orissa Vs. Sitansu Sekhar Kanungo, 2002 SCC OnLine SC 1296, Gautam Prasad Satnami & Anr. Vs. State of Chhattisgarh, 2007 SCC OnLine Chh 55, Basant Rai Vs. State, 2012 SCC OnLine Del 3319, Naim Khan Vs. State of MP {MCRC No.56923/2022}, Lal Singh Vs. Union of India {MCRC No.19745/2022}, Kashif Vs. Narcotics Control Bureau {Bail Application No.252/2023}, Omprakash Vs. State of UP {Bail Application No.9660/2021}, Navneet Jat Vs. State of MP {MCRC No.19405/2022}, Union of India Vs. Bal Mukund, (2009) 12 SCC 161, Indrajeet Mishra Vs. State of Chhattisgarh {CR.A. No.1397/2022}, Union of India Vs. Mohanl