Judgment

Mr. Jasgurpreet Singh Puri, J . :- The present is a second petition filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case bearing FIR No.160 dated 07.10.2021, under Section 15 of the NDPS Act, 1985, registered at Police Station Vairo Ke, District Fazilka.

2. Learned counsel for the petitioner submitted that the petitioner is in custody from 07.10.2021, which is 2 years and 11 days and in the present case, the allegations against the petitioner and the other four co-accused were that they were coming in a car from Rajasthan and they were apprehended on the basis of a secret information received by the police and the alleged recovery from the car of the petitioner in which he was sitting on the seat of the conductor was 62 kgs. of Poppy Husk and the commercial quantity as defined in the NDPS Act is 50 kgs. He further submitted that the petitioner was only sitting in the car and was not involved in the present case and he was not aware of the existence of any contraband in the car. He also submitted that the petitioner has clean antecedents and is not involved in any other case and in the present case, he was only a pas