JUDGMENT :

DIVYESH A. JOSHI, J.

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No. NCB/AZU/C.R. No. 03 of 2019 registered with the NCB Police Station, Ahmedabad of the offence punishable under Sections 8(C), 20(b)(ii)(c) and 29 of the NDPS Act.

3. A quick glance at the FIR reveals the following:

3.1 The present complaint has been filed by Amit Kumar Khare, Intelligence Officer, Narcotic Control Bureau, Zonal Unit, Ahmedabad stating that on 26.04.2019, his Department received a tip-off that three persons, namely, Karpur Sahu, Rakesh Sahu and Ajit Kumar Sahu onboard in Coach No. B-5 of Puri-Ahmedabad express train having seat Nos. 5, 6 and 7 are carrying with them six bags containing 80 kg Ganja to be delivered to the person at Bharuch which train would be stationed at Surat railway station on 27.04.2019 at around 03:25 hours. All the aforesaid three persons boarded the train from Khalikot, Odisha.

3.2 The said secret information was then reduced into writing and forwarded to the Superintendent of NCB, Ahmedabad on the very same day which was acknowledged by Shri Harish Kumar, Superintendent, NCB, Ahmedabad who then instructed Shri Rahul Tomar, Intelligence Officer to form a team and take appropriate action in accordance with law.

3.3 Accordingly, on 27.04.2019, the Intelligence Officer Shri Rahul Tomar along with the other fellow officers reached at the Surat railway station where two Panchas were also called for and got acquainted with the secret information by the intelligence officer. The police personnel also introduced themselves to the Panchas. Thereafter, necessary procedure of raid also came to be followed.

3.4 Thereafter, on 27.04.2019, at around 3:40 hours, Puri-Ahmedabad express arrived at the Surat railway station and stayed for some time. During that period, the officers of the NCB along with the RPF and Panchas entered into the Coach No. B-5 and reached at berth Nos. 5, 6 and 7 where they found three persons sitting over there. Thereafter, the Intelligence Officer Shri Rahul Tomar introduced himself to those persons and asked about their identities, whereupon, they identified themselves as Karpur Sahu, Rakesh Sahu and Ajir Kumar Sahu which were matching with the names given in the secret information.

3.5 Thereafter, all the accused got acquainted with the secret information that they are indulged in the illegal trafficking of narcotic substance Ganja and are having 80 kg Ganja with them. Thereafter, they were asked to show their bags and upon search being carried out of all the bags, total 83 kg Ganja was recovered by the police. Hence, FIR came to be lodged against all the accused persons.

4. Learned advocate Mr. Kishan Daiya appearing for the applicant has submitted that the applicant-accused was arrested on 27.04.2019 and since then he is in jail, i.e. for more than three and half years. Learned advocate Mr. Daiya has also submitted that the investigation has already been completed and charge-sheet has also been filed. It is moreso submitted that in the charge-sheet papers, number of witnesses have been cited by the investigator, out of which, only nine witnesses have been examined so far which is indicative of the fact that the trial would take considerable long period of time to conclude and the applicant-accused has already spent more than three and half years in jail. Learned advocate Mr. Daiya has also submitted that the statement of the applicant-accused under Section 67 of the NDPS Act also came to be recorded by the investigator wherein he has stated that one Mitu introduced him to the other co-accused and handed over the narcotic substance Ganja for delivering it to the person at Bharuch for which he was supposed to get a very meager amount of Rs. 5,000/-. It is submitted that the applicant-accu