Passenger in private vehicle with commercial quantity contraband prima facie in conscious possession if linked to co-accused via call records; must rebut presumption and satisfy Section 37 twin conditions for bail.

The petitioner has filed the present petition for seeking regular bail in FIR No. 83 of 2023, dated 25.09.2023, registered at Police Station Panchrukhi, District Kangra (HP), for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS” Act).

2. It has been asserted that, as per the prosecution, the police intercepted a scooty bearing registration No. HP37F-3170 and a car bearing registration No. HP 37F-7813 on 25.09.2023 at 02.20 AM. These were checked in the presence of two independent witnesses. One light pink carry bag was recovered from the dashboard of the car, which was containing 1.056 kgs of charas. The petitioner was the occupant of the car. The police arrested him. The petitioner is innocent, and he was falsely implicated. The petitioner was sitting on the passenger seat, and he had no knowledge about the charas being transported in the vehicle. The petitioner is the only earning member of the family, and his family members are suffering hardships due to his detention. He would abide by the terms and conditions which the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The State has filed a status report asserting that the police party was on patrolling duty on 25.09.2023. They received a secret information at Andreta Machiyal Chowk that a vehicle bearing registration No. HP37F-7813 or a Scooty bearing registration number HP37G-3170 was transporting a huge quantity of charas. The police reduced the information to writing and waited for the vehicles. The police stopped the Scooty bearing registration No. HP 37G-3170. The driver of the Scooty revealed his name as Atul Kumar. The driver of the car identified himself as Avikash Manhas, and the person sitting on the passenger side identified himself as Shagun (the present petitioner). The police checked the vehicles in the presence of Kuldeep Chand and Vijay Kumar and recovered a light pink carry bag from the dashboard of the vehicle. The police found 1.056 kgs of charas in the bag. The police seized the charas and arrested the petitioner and the co-accused. The police sent the charas to SFSL Junga, and it was confirmed to be charas containing 26.46% w/w resin. The accused revealed during the investigation that they had purchased charas for Rs. 90,000/- from an unknown person. The accused identified Khem Singh as a seller who was arrested by the police. The call detail records showed that Avikash was in touch with Shagun, and Atul Kumar was in touch with Khem Singh. Their location was also found around the house of Khem Singh. Hence, the status report.

4. I have heard Mr Varun Thakur, learned Legal Aid Counsel for the petitioner and Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State.

5. Mr Varun Thakur, learned Legal Aid Counsel for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. He was merely a passenger and did not know about the charas being transported in the vehicle. The petitioner is the sole earning member of the family, and his family members are suffering from his continuous detention. The petitioner would abide by the terms and conditions which the Court may impose. Hence, he prayed that the present petition be allowed and the petitioner be released on bail. He relied upon t