The presumption of innocence, the general rule of bail over jail, and the discretion of the court in granting bail were the central legal principles established in the judgment.

JUDGMENT

Sandeep Sharma, J. - Sequel to order dated 12.07.2021, whereby petitioner was ordered to be enlarged on bail, in the event of his arrest in FIR No.64/2021, dated 5.7.2021, under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act, registered at Police Station Banjar, District Kullu, H.P., respondent-State has filed the status report, which is taken on record.

2. Perusal of status report reveals that on 5.7.2021, coaccused namely Sammi Kumar, after having seen the police at nakka laid down by the police near Sindhwa Chowk, tried to turn his motorcycle and allegedly, he also threw one bag in the nearby bushes. Since, conduct of above-named co-accused was suspicious, police stopped motorcycle and apprehended the above-named coaccused, from whose conscious possession, subsequently, 622 grams of charas/cannabis, came to be recovered. Since, no plausible explanation came to be rendered on record by above-named coaccused qua possession of aforesaid quantity of alleged contraband, police after completion of necessary codal formalities, lodged FIR against him as detailed hereinabove. During investigation, abovenamed co-accused, allegedly, disclosed to the police that he had purchased aforesaid quantity of contraband from present bail petitioner, for a sum of Rs.28,000/-.

3. In the aforesaid background, police while incorporating Section 29 of the Act in the FIR detailed hereinabove, also named present bail petitioner as an accused, who apprehending his arrest, has approached this Court in the instant proceedings, praying therein to grant anticipatory bail.

4. Mr. Sudhir Bhatnagar, learned Additional Advocate General, while fairly stating that pursuant to order dated 12.7.2021, bail petitioner has joined the investigation and he is fully cooperating with the Investigating Agency, contends that though, nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offences alleged to have been committed by him, prayer having been made on his behalf for grant of bail, deserves outright rejection. While referring to the status report, learned Additional Advocate General states that there is ample evidence adduced on record suggestive of the fact that present bail petitioner sold aforesaid quantity of contraband to co-accused Sammi Kumar for a sum of Rs.28,000/- and call detail report further reveals that on the date of alleged commission of offence, co-accused Sammi Kumar and present bail petitioner were in constant touch with each other and as such, it cannot be concluded that bail petitioner has been falsely implicated. Lastly, Mr. Bhatnagar, learned Additional Advocate General, contends that keeping in view the seriousness of the crime allegedly committed by the bail petitioner, he deserves no leniency and as such, prayer for grant of bail deserves outright rejection.

5. Having heard learned counsel for the parties and perused the material available on record, this Court finds that intermediate quantity of contraband, i.e. 622 grams of charas, never came to be recovered from the conscious possession of present bail petitioner, rather same was recovered from the conscious possession of co-accused Sammi Kumar, who is behind the bars. Though, status report reveals that above-named co-accused Sammi Kumar, disclosed to the police that he purchased aforesaid quantity of contraband from the present bail petitioner for a sum of Rs. 28,000/-, but such fact, if any, is required to be proved in accordance with law by leading cogent and convincing evidence. Mere statement of coaccused Sammi Kumar, may not be sufficient, at this stage, to conclude/rule out the complicity, if any, of the present bail petitioner in the alleged commission of offence under Section 29 of NDPS Act. No record of financial transaction, if any, inter se bail petitioner and coaccused Sammi Kumar, is available on record and mere call detail report indicative of the fact that bail petitioner and co-accused Sammi Kumar, h