Prolonged incarceration and lack of substantial evidence justified granting bail, with conditions imposed to ensure presence during trial.

JUDGMENT :

(Vivek Singh Thakur, J.)

Petitioner has approached this Court, invoking provisions of Section 439 Code of Criminal Procedure (in short ‘Cr.P.C.’), seeking bail in NCB Crime No.47 of 2020, dated 26.09.2020, registered in Police Station Narcotics Control Bureau (NCB) Chandigarh, under Sections 8, 20, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

2 Status report stands filed.

3 On perusal of the pleadings and the record, it surfaced that on 26.09.2020 a Secret Specific Information was received by Surveillance Assistant of NCB about two persons namely Lakhan and Rahul with regard to transportation/smuggling of charas in vehicle No.HR-68B-6022 and their probable location between 2.00 p.m. and 2.30 p.m. near Police Station Swarghat. The said information was reduced into writing and was put before the Superintendent, Chandigarh Zonal Unit, who approved it at about 7.00 a.m. on 26.09.2020 and constituted a Team of NCB Officers to intercept the aforesaid vehicle by reaching at Swarghat Chowk for search and seizure of the charas on the basis of secret information.

4 NCB Team, with independent witnesses, set up a Nakka at about 1.30 p.m. at Swarghat and at about 2.15 p.m., vehicle bearing registration No.HR-68B-6022 was noticed coming from Kullu side which was matching with description received in secret information. Therefore, vehicle was signaled to stop and after introduction by the NCB Team and independent witnesses, by showing Departmental Identity Card, three persons, occupants of the Mahindra Pickup, were asked about their introduction, who disclosed themselves as Lakhan, Rahul and Prem Pal. On disclosure of co-accused persons and Rahul, search of the vehicle was conducted by NCB Team and 3.650 kilograms charas was recovered from the vehicle, which was seized by following prescribed procedure. Vehicle was taken into custody alognwith loaded Apple therein.

5 As per NCB case, during interrogation, after arrest of occupants of the vehicle, Rahul was found juvenile and Prem Pal was not found involved in commission of offence and, thus, Prem Pal was discharged. Whereas, Rahul and Lakhan were arrested and during interrogation, Lakhan had disclosed that they had procured the recovered contraband from Lal Chand alias Lallu. Rahul had also endorsed the version of co-accused Lakhan in his separate revelation.

6 It is further case of NCB that on the basis of disclosure made by Lakhan, house of accused Praveen Kumar was searched and statement of accused Praveen Kumar was recorded, wherein Praveen Kumar had accepted his role in trafficking the charas with further disclosure that he had conspired with Danvir Singh alias Kaddu and Ranjeet Bhardwaj alias Bunty in trafficking of charas and Prem Pal was arrested on 27.09.2020. Whereas, Rahul was produced before Principal Magistrate, Juvenile Justice Board, Bilaspur on 28.09.2020, Lakhan and Praveen Kumar were produced before Judicial Magistrate First Class, Bilaspur, alongwith case property, inventory and relevant documents, after their medical examination. During police custody of the aforesaid accused persons, Apples impounded alongwith seized vehicle, used for trafficking of charas, being perishable items, were auctioned in open market at Bilaspur and sale proceed of the same was enclosed with the complaint.

7 On the basis of material came in the light during interrogation, Lal Chand was asked by the NCB Team to join investigation, who had appeared before the NCB Investigating Team on 25.01.2021 and his statement was recorded. He has confessed his acquaintance with Danvir Singh and Praveen Kumar and according to him, Danvir Singh had asked him to bring charas from Lal Chand and for that purpose, petitioner Danvir Singh had given him Rs.1,55,000/- on 24.09.2020 and as such Lal Chand had conspired with petitioner Danvir Singh and co-accused Praveen Kumar to get charas through Lakhan in Mahindra Pickup.

8 It is the case of prosecuti