Courts consider recovery quantity, merits of the case, and custody period in granting bail under the NDPS Act.

JUDGMENT :

Vikas Bahl, J.

1. Prayer in the present petition is for grant of regular bail to the petitioner in FIR No.133 dated 02.11.2021 registered under Sections 15(C), 29/61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Bhogpur, District Jalandhar (Rural).

2. The present FIR has been registered on the basis of ruqa sent by the Sub-Inspector Navdeep Kaur to the effect that she alongwith ASI Satpal Singh and other police officials were in the Government Vehicle and were patrolling the area when the secret informer came present and informed that Chaman Lal (co-accused) and Shinder Pal Singh (co-accused), commuting by Canter bearing registration No. PB-23M-7691, being the driver and cleaner of the same respectively, were carrying poppy husk by hiding the same under the boxes of apples, which they were getting from Srinagar and were to supply the same to the customers at Jalandhar city and in pursuance of the said secret information, the barricades were set up and during checking, at the 'naka', the abovesaid canter was intercepted and the said co- accused Chaman Lal and Shinder Pal Singh were apprehended, and thereupon, the recovery of 110 kg of poppy husk from the canter was effected. It is further the case of the prosecution that the said accused Chaman Lal had made a disclosure statement to the effect that he, alongwith Shinder Pal Singh, had purchased five plastic bags total weighing 22/22 kg of poppy husk from one Dhaba and had loaded them in their canter and the present petitioner and co-accused Sukhdev Raj @ Sukha had purchased 30 kg of poppy husk from the same Dhaba and had loaded the same in the cabin of their truck bearing registration No.PB-10BZ-7207.

3. Learned counsel for the petitioner has submitted that in the present case, at best, the recovery from the truck in which the present petitioner was travelling i.e. PB-10BZ-7207 was of 30 kg of poppy husk and the same is non-commercial quantity. It is further submitted that under no circumstance, recovery made from the canter bearing registration No.PB- 23M-7691, of 110 kg of poppy husk, could be clubbed with the recovery made from the truck bearing registration No.PB-10BZ-7207. It is argued that perusal of the FIR would also show that no secret information had been received against the present petitioner and the secret information received was only against the co-accused Chaman Lal and Shinder Pal Singh and was with respect to canter bearing registration No.PB-23M-7691 and it is from the said vehicle, that the recovery of 110 kg of poppy husk has been effected. The petitioner was not present in the said canter bearing registration No.PB-23M-7691 and thus, any recovery made from the said canter could not be foisted upon the present petitioner. It is further argued that the petitioner is not involved in any other case and has been in custody since 02.11.2021 and the challan in the present case has already been presented and since, the charges have to be framed, thus, the conclusion of the trial is likely to take time, moreso in view of the present COVID-19 pandemic. Learned counsel for the petitioner has further submitted that the co-accused of the petitioner Sukhdev Raj @ Sukha has already been granted regular bail vide order dated 01.02.2022 passed in CRM-M-3293-2022 and the case of the petitioner is on the same footing as that of Sukhdev Raj @ Sukha.

4. Notice of motion.

5. On advance notice, Mr. Karanbir Singh, AAG, Punjab, appears and accepts notice on behalf of the State and has submitted that he is fully prepared to argue the matter and assist this Court. He has opposed the present petition for grant of regular bail to the petitioner and has submitted that the recovery of 110 kg of poppy husk is from the canter bearing registration No.PB-23M-7691, but perusal of the disclosure statement made by the Chaman Lal would show that the present petitioner and the co- accused Sukhdev Raj @ Sukha were involved in the said business and had been go