JUDGMENT

Pankaj Jain, J. - Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.9 dated 20.01.2022, registered for the offence punishable under Section 15 of the NDPS Act, 1985 at Police Station Moonak, District Sangrur.

2. Petitioner is stated to be one of the two passengers in truck bearing No. PB-11CV-3397, when the contraband i.e. 56 kg of poppy husk was recovered from 04 plastic bags from the cabin of the truck.

3. Counsel for the petitioner submits that the petitioner has suffered incarceration of more than 01 year, 08 months and 11 days and is a first time offender with no criminal antecedents. Charges were framed way back on 28.07.2022 and till date no witness has been examined. The aforesaid assertions made by counsel for the petitioner are not disputed by counsel representing the State.

4. Learned counsel for the petitioner relies upon order passed by Apex Court in the case of Rabi Prakash Vs. The State of Odisha passed in Special Leave to Appeal (Crl.) No(s). 4169 of 2023 decided on 13.07.2023 wherein it has been held as under :-

'4. As regard to the twin conditions contained in Section 37 of the NDPS Act