Bail can be granted when an accused is named in a co-accused's disclosure statement but no recovery is made, especially if the trial is likely to be prolonged.

JUDGMENT

Jasjit Singh Bedi, J. (Oral)

The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.161 dated 03.05.2022 under Sections 20(C), 27-A, 29, 68-F of the NDPS Act, 1985 registered at Police Station Ferozepur Jhirka, District Nuh.

2. The brief facts of the case are that secret information was received to the effect Ansar and Mormal (since granted bail vide order dated 11.01.2024 passed in CRM-M-22038-2023) were in the business of supplying Ganja and would be travelling in a vehicle bearing registration number HR-74A-8269 make Canter from Ferozepur Jhirka towards Sohna and if a barricade was set up they could be apprehended.

Based on the aforementioned information a barricade was set up and the vehicle was intercepted. The driver of the vehicle disclosed his name as Ansar and the cleaner as Mormal. 200Kgs of black ash was found loaded in the said truck. However, on investigation the arrested accused disclosed that the contraband had been dropped in a dry dug well in village Sakras. The truck driver and cleaner were taken to the dug well and 10 bags of cannabis were recovered totalling 313 Kgs 100 grams Cannabis (Ganja). Ansar and Mormal were arrested in the present case.

Both the arrested accused were interrogated on 13.07.2022. They disclosed the names of their co-accused. On the basis of the statement under Section 161 Cr.PC of PWs Ajit and Ajay the vehicle involved in the crime was found to have been taken on rent by accused Surender @ Sarpanch (petitioner). He was summoned on the basis of production warrants. The bank accounts of Surender Sarpanch and his wife were seized and revealed huge transactions of payments and withdrawal in connection with the illegal and unlawful business of narcotics and contraband. Vehicle no.HR-74-A 8269 was found to be owned by Wahid who had given the same to accused Surender @ Sarpanch on rent at the rate of Rs. 1 lac per month.

Surender @ Sarpanch was in judicial custody in case FIR No.40 of 2021 under the NDPS Act P.S. Bilasur, District Gurugram. He was summoned on production warrants and joined in the investigation. He got recovered two mobile phones and one dongle after which Section 27A of the NDPS Act was added on the examination of the bank account of the accused.

The aforementioned accused also disclosed about the involvement of Sanjiv Shah resident of Bihar presently residing at Delhi, Anwar resident of Orissa, Parveen @ Gora, Subash, Rahul, Sandeep and Mallu @ Nitin.

Parveen was arrested on 31.07.2022 and admitted that the accused Rahul and Subash were with him when he visited Orissa to bring the contraband.

Co-accused Sanjiv Shah was arrested on 01.08.2022 and got recovered an Aadhar Card, driving licence, ATM Cards, PAN Cards and Rs. 20,800/-. He also got recovered two mobiles phones used in the commission of crime and vehicle no.DL-12-CM-80852 along with a travel bag with jewellery of gold and silver.

Anwar Khan was arrested on 05.08.2022 and got recovered 02 mobile phones. He also disclosed that he had handed over the vehicle with the contraband to the co-accused Parveen and his co-accused.

During the course of investigation, it transpired that the accused Parveen and Nitin @ Mallu were bringing the canter bearing no.HR-74A-8269 when it was snatched by Ansar, Mormal and the co-accused. Cannabis weighing approximately 600Kg was taken away by the co-accused who were yet to be arrested and the canter bearing no.HR-74A-8269 was being brought to Mewat by accused Mormal and Nitin @ Mallu who were apprehended by the CIA Police Tauru.

Wahid, Ishrar, Sahid Ahmed, Anish, Ikrum, Nitin @ Mallu, Mohd. Sakir and Mustkim are yet to be joined in investigation in the present case.

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He contends that the name of the petitioner figured in the disclosure statement of his co-accused. Pursuant to his arrest, no recovery of any contraband h