ORDER :

1. This petition coming on for orders this day, Hon'ble Mr. Justice Satyen Vaidya, delivered the following: Petitioner is accused in a case registered vide FIR No. 36 of 2021, dated 16.02.2021, registered at Police Station Aut, District Mandi, H.P. under Section 15, 25, 29 of NDPS Act.

2. Petitioner has prayed for grant of bail under Section 439 of Cr.P.C. on the ground that he has been falsely implicated. No recovery has been effected from him. Investigation has been completed and there is no legal evidence to connect the petitioner with alleged offence. He undertakes to abide by all the conditions as may be imposed for grant of his bail.

3. In response, respondent has opposed the bail application and has submitted the summary of facts and investigation carried out by way of status report. The investigation is already complete and the Challan stands filed which is pending adjudication before the learned Special Judge-II, Mandi. Charges have not yet been framed.

4. Perusal of status report reveals that on 16.02.2021, the Police officials of Police Station Aut, District Mandi, H.P. were on patrol duty. At about 3:00 A.M. their vehicle was stopped by two labourers at the distance of about 300 meters from Aut towards Kullu. They were working at four lane construction site and had disclosed that they had noticed three persons alighting from of a car and running towards river side. A car was found parked nearby. The registration number of the car was noticed with the help of search light and it was also found that a gunny bag was lying on the rear seat of the car. Search was conducted for the persons who had left the car. At about 7:15 A.M. two persons, including the petitioner were apprehended at the bank of river. They disclosed that the car belonged to Kulwant Singh. On search of the car, total five gunny bags were recovered containing 65.720 kg poppy husk. The petitioner along with his companion, named Bhola Singh @ Kiddu, were arrested. The third accused named Kulwant Singh is stated to be absconding. It is also mentioned in the status report that petitioner is already an accused in case registered vide FIR No. 51/2020, dated 12.06.2020 at Police Station Dohra, District Ludhiana, Punjab under Section 15 of NDPS Act.

5. I have heard learned counsel for the petitioner and also learned Additional Advocate General for the respondent/State and have also gone through the contents of the status report. The prayer for bail of the petitioner has been vehemently opposed by learned Senior Additional Advocate General representing the State.

6. Admittedly, petitioner was not identified by anyone to be the same person, who had abandoned the car and ran towards the river. Merely, because the petitioner was found on the banks of river in the morning hours, cannot be a credible circumstance to link him with the alleged offence. On pointed query to respondent, it has been stated that the car was found unlocked at the time Police had found the same parked on road at first instance. It being so, the recovery of contraband had been made by the police in absence of the petitioner. It is not the case of the respondent that it was the petitioner and his companion Bhola Singh @ Kiddu, who were found in possession of key of the vehicle to connect them with alleged offence. Petitioner is not the registered owner of the vehicle. Nothing has been produced on record by respondent to show any relationship of the petitioner with the registered owner of the car.

7. In the teeth of Section 37 of N.D.P.S. Act, accused can be released on bail in cases involving commercial quantity of contraband, if all three conditions prescribed in said Section viz. opportunity of opposing the bail to the prosecutor, recording of satisfaction by the Court to the effect that there are reasonable grounds for believing the accused not guilty of such offence and that the accused was not likely to commit the offence during the period of bail. The bare language of Section 37 of the