Bail may be granted when contraband is not in the accused's possession and no substantial risk of reoffending is shown.

Order :

1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.187/2024 registered at Police Station Srikaranpur, District Sriganganagar, for offence under Section 8/21 of N.D.P.S.Act.

2. Drawing attention of the Court towards the FIR and challan papers, learned counsel for the petitioner submitted that the contraband (Heroin) weighing 4kgs 80 gms. was recovered from the conscious possession of the co-accused Saddam Hussain. Learned counsel submitted that co-accused Saddam Hussain in his statements recorded under Section 67 of the NDPS Act stated that he had supplied 400 gms of heroin to another co-accused Balkar Singh. Learned counsel further submitted that the allegation against the present petitioner is that he procured some quantity of the contraband (heroin) supplied by co-accused Saddam Hussain from the co-accused Balkar Singh. Learned counsel submitted that as per the prosecution, the contraband (heroin) was supplied to him by the co-accused Balkar Singh was later on recovered from the pocket of the clothes worn by him and an another FIR bearing No. 372/2024 came to be registered at Police Station Sadar, District Sriganganagar. Learned counsel submitted that the petitioner has already been enlarged on bail in connection with FIR bearing No. 372/2024 lodged at Police Station Sadar, District Sriganganagar by the co-ordinate Bench of this Court vide order dated 29.08.2024. Learned counsel submitted that in the present case the contraband was not recovered from the conscious possession of the present petitioner and the petitioner was implicated in the present case solely on the basis of the disclosure statements of the co-accused persons while they were in judicial custody. It was contended that the petitioner is in judicial custody; the investigation against the present petitioner has already been completed; and the trial of the case will take sufficient long time, therefore, the benefit of bail may be granted to the accused-petitioner.

3. Per contra, learned Public Prosecutor has opposed the bail application. Learned counsel submitted that the petitioner is involved in illegal trade of contraband and, therefore, looking to seriousness of the case and the gravity of allegations against the petitioner, he does not deserve to be enlarged on bail. However, he was not in position to refute the fact that in the present case the contraband was not recovered from the conscious possession of the present petitioner and he has been implicated in the present case solely on the basis of the disclosure statements of the co-accused person. He was also not in a position to refute the fact that in connection with the FIR bearing No. 372/2024 lodged at Police Station Sadar, District Sriganganagar wherein, the contraband (heroin) was recovered from his conscious possession, the petitoner has already been enlarged on bail by the co-ordinate Bench this Court vide order dated 29.08.2024.

4. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

5. Having considered the rival submissions, facts and circumstances of the case, this Court prima-facie finds that the contraband was not recovered from direct/conscious possession of the present petitioner; the petitioner has been implicated in the present case solely on the basis of the disclosure statements of co-accused persons. This Court also prima-facie finds that the learned Public Prosecutor has not shown any apprehension of the petitioner involving himself in the cases of similar nature or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Punit Beniwal S/o Sukh Lal Beniwal arrested in connection with F.I.R. No.187/2