The legal presumption under Section 54 NDPS Act and the consistency of registration numbers and substance found were central to the court's decision.

JUDGMENT :

1. By this petition the petitioner seeks regular bail in FIR No.368/2020 dated 24th October, 2020 PS Timarpur under Sections 20/25/29 NDPS Act and in the alternative interim bail in terms of orders dated 13th December, 2021 and 22nd February, 2022 passed by the Hon’ble Supreme Court in SLP (Crl.) No. 8164-8166/2021 and other similarly placed petitions. The petitioner was arrested on 25th October, 2020 and has been in custody since.

2. As per the case of the prosecution based on information received in the office of Special Staff, North District, Delhi, that 3 persons viz. Harveer, Ravi Thakur and Sachin aged about 30 years belonging to U.P. would supply huge quantities of ganja from Malkangiri (Odisha) to different places in Delhi and U.P. They were expected to come through Outer Ring Road towards Timarpur in a white coloured Mahindra Xylo Car No. UP 16 DT 1019 between 5 to 6 p.m. Based on the information, senior officials were informed and ACP ordered the inspector to prepare a raiding party. A dedicated police team of special staff was employed who laid a trap on the outer ring road. The said car was intercepted with registration No. UP16DT1019 in which two accused, Harveer, the petitioner herein, and Ravi Thakur were found. Pursuant to search of these accused persons and the car, 10 packets of ganja in two plastic bags weighing a total of 51.154 kg was recovered. The same was seized following due procedure and case was registered. Both the accused were arrested and upon interrogation Ravi Thakur disclosed that he had been involved in bringing this ganja from Satinder Singh @ Sachin of village Ratanpuri, District Muzaffarnagar, U.P. to supply to a local peddler of Majnu Ka Tilla, Delhi. Later Satinder Singh @ Sachin was arrested from his house in U.P. on 25th October, 2020, who disclosed that he purchased 235 kg of ganja from Sonu, a supplier in Raipur, Chhattisgarh which was brought in a truck No. UP37AT2850. Later Sonu Chaturvedi was also arrested at the instance of accused Satinder Singh @ Sachin when they came to receive the payment for ganja. The aforementioned truck used in transportation from Raipur to Ratnapuri, U.P. was recovered and seized.

3. On 9th November, 2020 samples of contraband were taken and sent to FSL, Rohini for examination and opinion. The results were received and the report was of ganja. The ownership details of the aforesaid car were obtained and belonged to the petitioner as the registered owner. Charge sheet was filed on 8th February, 2021 and charges are yet to be framed.

4. The learned counsel for the petitioner in support of the bail petition contends that the petitioner has been falsely implicated for the following reasons:

a. As per the FIR the recovery was from Mahindra Xylo Car No. UP16DT1019 being driven by the petitioner and accompanied by Ravi Thakur. The car was intercepted at 4:55 p.m., the ACP was called and in his presence the car was searched, the contraband recovered and the ACP left the spot at 6:45 p.m., as per the case of the prosecution. At 11:00 p.m. HC Ansar Khan when to PS Timarpur in the said car along with the rukka and after registration of the FIR, returned to the spot at 12:15 a.m. on 25th October, 2020 with the copy of the FIR and handed it to SI Chaitanya Abhijeet. As per the counsel for the petitioner, on 29th October, 2020 the prosecution informed the Ld. Special Judge that recovery was made from Mahindra Xylo Car which is evident from the record of remand as well as the application for PC remand of accused Sonu Chaturvedi dated 26th October, 2020 and 29th October, 2020. However while filing the chargesheet, the prosecution changed the story from recovery being made from a Chevrolet Enjoy Car. The only explanation given was that apparently SI Chaitanya Abhijeet figured from the vehicle number that it was a Chevrolet Enjoy Car and recorded the statement to this effect at 12:20 a.m. on 25th October, 2020 and also mentioned the vehicle as ‘Enjoy’ in the sit