The main legal point established is that in cases where the accused's connection to the contraband is not established and there is a delay in trial, the court may grant regular bail, considering the provisions of Section 37 of the NDPS Act.

JUDGMENT

Vikas Bahl, J. (Oral) - This is the second petition for grant of regular bail to the petitioner in FIR No.72 dated 18.05.2021, registered under Section 20-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act"), Section 25 of the Arms Act, 1959 and Sections 395, 427, 216 and 34 of the Indian Penal Code, 1860, at Police Station Satnali, District Mahendergarh (District Narnaul).

2. Learned counsel for the petitioner has submitted that the first petition for the grant of regular bail was dismissed as withdrawn on 03.02.2022 on the ground that there were some errors in the petition and in the translation of the FIR and thus, the same was dismissed as withdrawn with liberty to file a fresh one after making the requisite corrections in translation of the FIR. It is further stated that in fact, the present is the first petition for the grant of regular bail.Brief case of the prosecution is that secret information had been received to the effect that one Canter had been parked near Village Barda and since, there was suspicion that there were some intoxicant substances inside the same, and upon finding the said information to be credible, a police team was formed to conduct the raid. Efforts were made to join witnesses from the public, but people showed their inability to do so and when the police party reached near the Canter, no person was found present near it and thereafter, a notice under Section 42 of the Act of 1985 was prepared and was forwarded to the Duty Magistrate. The Duty Magistrate reached the spot and in his presence, the search of the Canter was conducted. During the search, huge quantity of Ganja i.e., 17 quintals 12 kg and 760 grams was recovered from the said Canter. During the search of cabin of the Canter, one Driving Licence issued in the name of Ravi Kumar son of Om Parkash and one Aadhaar Card also in the name of Ravi Kumar, were recovered and the FIR was registered against unidentified persons. Thereafter, co-accused Ajit, Rohit and Kuldeep were arrested. The present petitioner was also arrested on 24.05.2021.

3. Learned counsel for the petitioner has relied upon the order dated 15.11.2021 passed in CRM-M-46920-2021 titled as 'Sukhwant Singh Vs. State ofHaryana" vide which the co-accused Sukhwant Singh has been granted regular bail and further reliance has been placed upon the order dated 07.12.2021 passed in CRM-M-50518-2021 titled as 'Naveen Vs. State ofHaryana' and also on the order dated 10.01.2021 passed in CRM-M-54123-2021 titled as Sandeep Vs. State ofHaryana' and has submitted that the case of the present petitioner if not better is atparity with the said persons. It is submitted that the petitioner was working as a salesman at the liquor vend of Ajit and his brother Shrichand has been stated to have been working as Munim in the said liquor vend and the challan in the present case has been presented and there are as many as 28 witnesses, out of which, only one has been examined and thus, the conclusion of trial is likely to take long time, moreso, in view of the COVID-19 pandemic. Learned counsel for the petitioner has argued that the petitioner was not named in the FIR and he has nothing to do with the said occurrence, inasmuch as, he is neither the owner of the Canter nor is alleged to be the driver of the Canter. It is further submitted that no recovery has been effected from the petitioner nor the petitioner can be stated to be in conscious possession of any narcotic substances much less, the narcotic substance that has been allegedly recovered. It is further argued that as per the disclosure statement dated 26.05.2021 (Annexure P-3) of the petitioner, his brother Shree Chand is working as Munim on the liquor vend of Ajit and on 17/18.05.2021 at about 02:00 AM, a phone call was received from Ajit's phone, by the brother of the petitioner i.e., Shree Chand and he said that Ajit was chasing a Canter on a motorcycle and he suspected that t