JUDGMENT :

Sandeep Moudgil, J. (Oral) -

1. Relief Sought

This petition has been filed under Section 439 Cr.P.C. for grant of Regular bail to the petitioner in FIR No. 104 dated 03.08.2023 U/s 15 (C), 29 of NDPS Act, 1985 P.S. Goraya District Jalandhar (Rural).

2. Prosecution story set up in the present case as per the version in the FIR reads as under

'SHO P.S. Goraya, Jai Hind. Today I SI alongwith ASI Surinder Mohan 53 alongwith laptop, ASI Jinder Pal Singh 05, S/CT Gurjeet Singh 1193, ASI Satnam Singh 765 on government vehicle Bolero having No. PB-08-DS-0863 whose driver was PHG Shinder Pal 29725 were on patrolling and search of bad persons and were present near Radio Station, Gohavar. There secret informer gave information to me that Sushant Kalsan son of Suresh Kumar resident of Sheela Kheri P.S. Safidon, District Jind, Haryana and Akshay son of Satyawan resident of Sheela Kheri P.S. Safidon, District Jind Haryana and Paramjit Singh @Pamma son of Inderjit Singh R/o Bhamian Kalan P.S. Jamalpur District Ludhiana do the business of selling poppy husk on large scale. Today also these three persons are coming from Jammu in Canter bearing No. HR-56-A- 6601 and have concealed heavy quantity of poppy husk amongst apple boxes and are coming this way and further going towards Ludhiana. If nakabandi is done on Highway road going towards Ludhiana near Chachrari, Jalandhar then these three persons can be apprehended alongwith heavy quantity of poppy husk. The information being reliable and credible fulfdls the ingredients of offence U/s 15/61/85 of NDPS Act. Accordingly ruqa has been scribed and report under section 42 of NDPS Act has been separately prepared in sealed cover. Report U/s 42 NDPS Act to be sent to senior officers and original ruka. are being sent through SCT Gurjeet Singh 1193 to police station. Number of the case be informed after registering the same. Special reports be issued and sent to senior officers and Ilaqa Magistrate. I SI alongwith fellow officials shall proceed to do nakabandi on Highway Road, village Chachrari. Sd/- Jagdish Raj SI PS. Goraya dated 03.08.2023. '

3. Contentions

On behalf of the petitioner

Learned counsel for the petitioner has submitted that the alleged recovery of 300 kg poppy husk was recovered from the canter bearing registration No. HR-56-A-6001 and the petitioner is neither the owner nor the driver of the said truck and was just accompanying the other co-accused persons and was not aware that the offending canter is carrying the said contraband, therefore, prays for grant of regular bail to the petitioner.

On behalf of the State

On the other hand, learned State Counsel appearing on advance notice, accepts notice on behalf of respondent-State and has filed the custody certificate of the petitioner, which is taken on record.

According to which, the petitioner is behind bars for 1 year, 5 months and 5 days.

Learned State Counsel on instructions from the Investigating Officer opposes the prayer for grant of regular bail stating that the petitioner along with his co-accused were found in possession of the contraband of 300 kg of poppy husk which is commercial in nature and is involved in one more FIR, meaning thereby he is a habitual offender, but is not in a position to controvert the submissions made by learned counsel for the petitioner.

4. Analysis

Be that as it may, from the above discussion, it can be culled out that the petitioner has already suffered sufficient incarceration i.e. 1 year, 5 months and 5 days, added with the fact that petitioner is neither the owner nor the driver of the offending canter, therefore, has been falsely roped in the present case and as per the principle of the criminal jurisprudence, no one should be considered guilty, till the guilt is proved beyond reasonable doubt, whereas in the instant case, challan stands presented on 24.01.2024 charges stands framed on 07.02.2024 out of 20 prosecution witnesses, three PWs have been examined so far which is sufficient for this Cour