Bail may be granted if the accused shows no knowledge of the contraband and has been in custody for a significant time, despite the seriousness of the charges.

ORDER :

(KULDEEP MATHUR, J.)

1. The second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.527/2023 registered at Police Station Sardarshahar, District Churu, for the offences under Sections 8/15 & 25 of the NDPS Act.

2. Drawing attention of the Court towards the challan papers and the statements of the Seizure Officer- Manguram (PW-1) recorded before the competent criminal Court, learned counsel for the petitioner submitted that as per the prosecution, on 06.11.2023 contraband (Poppy Husk/straw) greater than commercial quantity was recovered from a truck bearing registration No. HR-37-E-9738. Learned counsel submitted that as per the prosecution at the time when the contraband was recovered, co-accused Ankush was sitting on the wheel of the offending vehicle. As far as the present petitioner is concerned, he was sitting beside the co-accused as a helper.

3. Drawing attention of the Court towards the various documents and the statements of the co-accused Ankush recorded under Section 67 of the NDPS Act, learned counsel for the petitioner submitted that the co-accused Ankush was the registered owner of the offending vehicle. Learned counsel further submitted that the present petitioner was working as cleaner with the co-accused Ankush and had no knowledge about the contraband being transported in the offending vehicle by the co-accused Ankush. Learned counsel submitted that the petitioner who is aged about 23 years is in judicial custody; the investigation against the present petitioner has already been completed; the statements of the seizure officer has already been recorded before the competent Criminal Court and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned counsel submitted that in the present case at the time when the contraband was recovered from the offending vehicle, the petitioner was sitting beside the driver of the vehicle, therefore, looking to all the seriousness of the case, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the petitioner was not the registered owner of the offending vehicle. He was also not in a position to refute the fact that as per the information divulged by the co-accused Ankush under Section 67 of the NDPS Act, the petitioner had no knowledge about the contraband being transported in the offending vehicle.

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

6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Sonu S/o Mangeram arrested in connection with F.I.R. No.527/2023 registered at Police Station Sardarshahar, District Churu, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.