ORDER :

1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.VIII(IO)15/NCB/JZU/2022 registered at Police Station NCB Jodhpur, for offences under Sections 8/21, 23, 28, 29, 30 and 60 of NDPS Act.

2. Learned counsel for the petitioner submitted that as per prosecution, on 07.06.2022, recovery of narcotics (heroin) weighing 3.480 kg and one Redmi mobile phone was effected from co-accused namely Nirmal Singh @ Sonu and Ravindra Singh @ Kaka, who were apprehended in connection with the contraband by the BSF personnel at BOP Khayaliwala 34 Battalion, Raisinghnagar, District Sri Ganganagar. The above named co-accused in their statements informed that the petitioner and another co-accused Jaspreet Singh @ Jass are also involved with them in commission of crime. Upon the statements of co-accused persons, the petitioner was apprehended by BSF team after his crossing the toll plaza 9A, towards Sriganganagar. The petitioner at that time, was in a Creta car bearing registration No.PB19N5550.

3. Learned counsel submitted that nothing has been recovered from the conscious possession of the petitioner and he has been implicated in the present case solely on the basis of statements given by other co-accused persons. Learned counsel submitted that the place from where the petitioner was apprehended, is at a travel distance of about 56kms. from the place where co-accused persons Nirmal Singh @ Sonu and Ravindra Singh @ Kaka were apprehended by BSF personnel.

4. Learned counsel submitted that except the statements given by co-accused persons namely Nirmal Singh @ Sonu and Ravindra Singh @ Kaka to officials of NCB under Section 67 of the NDPS Act, there is no other direct or corroboratory evidence available on record indicating his involvement in commission of alleged crime.

5. Learned counsel submitted that the petitioner is young boy of 29 years who is sole bread earner for the family. It was urged that the petitioner is in judicial custody since 08.07.2022 and there are seventeen cited prosecution witnessess; charges are yet to be framed and trial will take sufficiently long time to conclude and no case of similar nature is pending against the petitioner.

6. On the strength of these grounds, learned counsel prayaed that bail may be granted to the petitioner.

7. Per contra, learned counsel for the Union of India submitted that during investigation of the case, voluntary statements of Nirmal Singh @ Sonu and Ravindra Singh @ Kaka were recorded in which they informed that they along with present petitioner are involved in commission of alleged crime. Learned counsel submitted that the present petitioner has been named by the co-accused persons. Learned counsel submitted that all the accused persons have confessed their active involvement in cross-border smuggling of heroin through drone, using which heroin used to be dropped in Indian soil by a Pakistan based smuggler namely Miya.

8. Learned counsel submitted that as per the plan divulged by the accused persons, co-accused Nirmal Singh @ Sonu and Ravindra Singh @ Kaka were in contact with Pakistani smuggler Miya through his virtual mobile No.+995-544440873. Both the accused-persons were present at the Indo-Pak border on the intervening night of 06-07 June 2022, to receive the consignment of heroin which was to be dropped through drone from Pakistan into India. As per the plan, the present petitioner and co-accused Jaspreet @ Jass were waiting for confirmation and arrival of narcotic contraband (heroin) from Indo-Pak border area to general area.

9. Learned counsel submitted that due to vigilance shown by BSF troops, Nirmal Singh @ Sonu and Ravindra Singh @ Kaka were apprehended on the spot along with the contraband whereas on the basis of their statements, the petitioner and co-accused Jaspreet @ Jass were apprehended in Hyundai Creta car when they were waiting for other co-accused persons.

10. Learned counsel submitted that