The main legal point established in the judgment is that the satisfaction of the conditions of Section 37 of the NDPS Act and the absence of the petitioner from the vehicle during the recovery of the contraband influenced the court's decision to grant bail.

JUDGMENT

Sandeep Mehta, J. - The instant bail application under Section 439 CrPC has been preferred by the petitioner who is in custody in connection with the F.I.R. No.129/2020 registered at the Police Station Chhoti Sadari, District Pratapgarh for the offences under Sections 8/15, 25 and 29 of the NDPS Act.

2. Heard learned counsel for the petitioner, learned Public Prosecutor and perused the material available on record.

3. The contraband poppy-straw weighing 397 Kgs. was recovered by the SHO PS Chhoti Sadari on 25.06.2020 some time after 3:15 am from a Scorpio vehicle (No.RJ 06 UA 5415), from which one of the occupants namely Pushkar Lal could be apprehended whereas the other escaped. It is alleged that the petitioner, Sonu @ Mohd. Rafiq and Amar Singh were escorting the said Scorpio car in an unnumbered Brezza car. The petitioner has been charge-sheeted in this case for the offence under Section 8/29 of the NDPS Act with an allegation of escorting the Scorpio vehicle in which the contraband poppy-straw was being transported.

4. Learned counsel for the petitioner drew the court's attention to the statement of the IO Ravindra Pratap Singh (PW.1) and pointed out that other than the confession of the co-accused, no material whatsoever was collected by the IO during the investigation which could establish the fact that the occupants of the Brezza car were escorting the Scorpio car in which, contraband poppy-straw was being transported. He further submitted that no call detail records were collected by the Investigating Officer during the course of investigation. He further submits that the petitioner does not have any criminal antecedent. He thus, urges that the petitioner deserves indulgence of bail in this case.

5. Learned Public Prosecutor vehemently and fervently opposed the submissions advanced by the petitioner's counsel. However, he too is not in a position to dispute the fact that the petitioner was not present in the vehicle from which the contraband poppy straw was recovered. It is also not disputed and rather admitted by the Investigating Officer that the call detail records of the petitioner's mobile were not collected during investigation. In this view of the matter, I am of the opinion that the conditions of Section 37 of the NDPS Act are duly satisfied qua the petitioner.

6. In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the petitioner. Accordingly, the instant bail application under Section 439 CrPc is allowed and it is directed that the accused-petitioner Bherulal S/o Shri Ratanlal arrested in connection with F.I.R. No.129/2020 registered at the Police Station Chhoti Sadari, District Pratapgarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.