Point of Law : Expression “reasonable grounds” appearing in Section 37 of the NDPS Act means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence

ORDER :

Petitioner seeks regular bail by means of instant petition filed under Section 439 of the Code of Criminal Procedure in FIR No. 25 of 2020, dated 17.2.2020, registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) at Police Station Padhar, District Mandi, H.P. Besides the petitioner there are two other accused in the said FIR namely Deepak Kumar and Ev Raj @ ‘Guru’.

2. The case of the prosecution is that:-

2(i) On 17.2.2020 at about 12.15 p.m., a police party on a routine patrol duty stopped a bus, which came from Manali and was going towards Kangra. The passengers occupying seat Nos. 18 and 19 appeared perplexed. This raised the suspicion of the police personnel. The occupant of seat No. 19 gave his identity as Deepak Kumar, whereas, the person sitting on seat No. 18 disclosed his name as Rakesh Kumar (petitioner herein). Deepak Kumar identified himself to be the owner of a bag lying on the overhead rack in the bus. The police personnel thought it prudent to carry out search of the bag. The search was carried out in accordance with law. From the bag belonging to Deepak Kumar, 1 kg & 998 grams of cannabis was recovered which led to registration of the FIR in question. Deepak Kumar and petitioner were arrested on the same day i.e. 17.2.2020.

2(ii) During investigation, Deepak Kumar statedly disclosed about procuring the contraband in question on 17.2.2020 in Mandi from a person known to him as ‘Guru’. He also reportedly disclosed having purchased the contraband against cash payment of Rs.1,10,000/- made to said ‘Guru’ and that after purchasing cannabis from ‘Guru’ he (Deepak Kumar) came to the bus stand and met his companion Rakesh Kumar (petitioner). After discussion, both of them boarded a bus of the New Prem Bus Service and started from Mandi. The contraband in question, kept in Deepak Kumar’s bag was eventually recovered by the police on 17.2.2020.

2(iii) According to the prosecution, Deepak Kumar further disclosed that for procuring the cannabis from co-accused Ev Raj, he remained in constant touch with Ev Raj on his mobile number. The Investigating Agency is stated to have obtained billing address for obtaining the CDR of the mobile number disclosed by Deepak Kumar. The photograph affixed on CAF, the CDR of one of the mobile number was stated to be belonging to Ev Raj @ Evu @ Guru. Ev Raj was apprehended on 21.7.2020. Investigations were carried out from him as well.

2(iv) Co-accused Ev Raj statedly disclosed that he used to prepare cannabis for selling to various customers. He had met Rakesh Kumar (petitioner) during previous year’s Dussehra festival. Petitioner used to fix tents in Dussehra and Shivratri Festivals at Kullu and Mandi, respectively. Petitioner had introduced Ev Raj to Deepak Kumar. After getting acquainted with Deepak Kumar, Ev Raj had sold 800 grams of cannabis to Deepak Kumar last year (2019). On 5.2.2020 Deepak Kumar had called him (Ev Raj) and demanded two kilograms of cannabis. Both of them (Ev Raj & Deepak Kumar) were in constant touch with each other on phone. On 16.2.2020 Ev Raj asked Deepak Kumar to meet him at Kullu bus stand alongwith the requisite money. Deepak Kumar met Ev Raj on 16.2.2020 at Kullu bus stand and handed him the demanded amount. On receipt thereof, Ev Raj assured him that two kilograms of cannabis will reach him (Deepak Kumar) near Mandi bus stand. As a result of this understanding the cannabis in question was finally handed over to Deepak Kumar at the taxi stand Mandi. Deepak Kumar and petitioner (Rakesh Kumar) were arrested on 17.2.2020 and the 3rd co-accused Ev Raj was arrested on 21.7.2020.

2(v) A regular bail petition filed by the present petitioner was dismissed by the learned Special Judge (III), Mandi, District Mandi, H.P. on 29.7.2021.

3. Contentions:-

3(i) Praying for release of the petitioner on bail, learned counsel has argued that :

(i) The contraband in question was not recovered from the conscious possess