ORDER :

1. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection NDPS File No.NCB /AZU/CR-07/2017 for offence under Section 8(c), 21(c), 23(c), 25 read with Section 29, 32B (E&F) and Section 60 of the NDPS Act.

2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is a young man aged 24 years and is in jail since 03.08.2017.

2.1 It is submitted that the applicant is booked as accused only on the basis of suspicion and reckless allegations. It is submitted that the applicant has no connection with the narcotic substance. It is submitted that the applicant was not employed as a crew member and was not found in ship. It is submitted that there is not an iota of material to indicate that the applicant was aware about any conspiracy of other accused persons about drug in question.

2.2 It is submitted that the applicant is not found in conscious possession of the contraband and has been charge sheeted on the basis of Section 29 of the NDPS Act which is with regard to punishment for abatement and criminal conspiracy.

2.3 It is submitted that trial is also not substantially progressed since framing of charges and no prosecution witnesses are examined so far. It is submitted that the applicant has no antecedents.

2.4 It is submitted that co-accused Sujit Tiwari is granted bail by the Apex Court by order dated 28.01.2020 in Criminal Appeal No.1897 of 2019 and Suleman Sidhdique Bhadela and Saud Aslam Patel are granted bail by this Court by order dated 28.02.2019 in Criminal Misc.Application No.18195 of 2018. It is submitted that case of the present applicant is on higher pedestal than these co-accused who are granted regular bail.

3. On the other hand, learned Advocate for the Department and learned APP for the respondent-State submitted have opposed grant of regular bail looking to the nature and gravity of the offence.

3.1 It is submitted that the applicant is charged for dealing in commercial quantity of narcotic substance. It is submitted that earlier bail application of the applicant was not entertained and permitted to be withdrawn and since then there is no change in circumstances. It is submitted that the applicant cannot claim parity with the co-accused who are enlarged on regular bail as their roles are quite different than the role played by the applicant herein.

4. Having heard learned Advocates for the parties and having perused documents on record, it appears the present application is filed in view of the liberty reserved under order dated 11.02.2021 in Criminal Misc.Application No.18773 of 2020, whereby applicant was permitted to withdraw the application with a liberty to file the same again if the trial does not progress satisfactorily within a period of one year.

5. It appears that the offence has taken place, where the ship had sailed from Porbandar harbour at 1130 hrs on 28th July 2017 based on intelligence input for interception of suspicious vessel carrying Narcotics. At about 1725 hrs on 28th July 2017, the ship was directed by Coast Guard Regional Headquarters (North West) to proceed for interception of suspicious vessel MV Hennry. The suspicion had arose out of intelligence inputs from Intelligence Agencies shared with Coast Guard. The ship shaped course in direction 165 at the speed of 15 knots (28 kmph) towards datum and intercepted the suspicious vessel in position 20 58.19 N 069 13.47 E (206 degrees from Porbandar Lt at a distance of 46 nautical miles /85 km) by 0030 hrs in wee hours of 29th July 2017. The vessel had its nevigational lights switched on and was not transmitting on Automatic Identification System (AIS). The ship shadowed her till morning hours by mainta