JUDGMENT :

Manisha Batra, J. (Oral)

1. Prayer in this petition, filed under Section 438 Cr.P.C., is for grant of anticipatory bail to the petitioner in FIR No. 26 dated 23.03.2024, registered under Sections 15 and 29 of the NDPS Act, 1985 at Police Station Bhadaur, District Bamala.

2. Brief facts of the case relevant for the disposal of the present petition are that on 23.03.2021, a secret information was received by Inspector Tek Chand to the effect that the petitioner, whose house is in village Chhanna, his nephew Arshdeep Singh @ Arshu, his friend Harpreet Singh @ Haria and Harmandar Singh @ Fiddu keep poppy husk scrap and sell poppy husk scrap in his house. Believing the information to be true, a raid was conducted at the house of the petitioner at about 10:35 AM and co-accused Arshdeep Singh, Harpreet Singh and Harmandar Singh were apprehended at the spot. However, an old man i.e. the petitioner succeeded in escaping. During checking of the house, two bags containing poppy husk were recovered. On weighing the same, each of them was found to be containing 20 Kgs. of poppy husk. The was taken into possession while following the proper procedure. The aforesaid co-accused were formally arrested at the spot. During investigation, co-accused Harpreet Singh @ Haria disclosed that he had brought poppy husk along with his friends Arshdeep Singh and Harmandar Singh. He also stated that he had brought another sack of poppy husk, which was hidden in the trunk of the car bearing registration number PB-29-X-2888. Thereafter, in pursuance of the disclosure of co-accused Harpreet Singh, 60 kgs. of poppy husk was recovered from the said car. On the basis of the disclosure statements suffered by aforesaid co-accused, one Amritpal Singh @ Landa was also nominated as accused in this case. Apprehending his arrest, the petitioner had moved an application for grant of anticipatory bail before the Court of learned Judge, Special Court, Bamala, which had been dismissed, vide order dated 02.07.2024.

3. Learned counsel for the petitioner has argued that he has been falsely implicated in this case. He was not found present at the spot disclosed in the FIR and no recovery of contraband was effected from him. The petitioner is an old man, aged about 66 years. He has been implicated in this case only because of the fact that he is uncle (Taya) of co-accused Arshdeep Singh, who was arrested at the spot along with two other co-accused. Even the petitioner is not the owner of the aforesaid car, from which, recovery of 60 kgs. of poppy husk was effected. The disclosure statement suffered by the co-accused naming him in this case has no evidentiary value. The mandatory provisions of Section 50 of the NDPS Act were not complied with. No independent witness was joined by the police party. Investigation has since been completed and challan has been presented in this case. The custodial interrogation of the petitioner is not required. He is ready to join investigation or to appear before the trial Court. No useful purpose would be served by detaining the petitioner into custody. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be granted benefit of pre-arrest bail.

4. Per contra, learned State counsel, on the basis of the status report, has vehemently argued that the petitioner is not entitled to get benefit of bail as a commercial quantity of the contraband has been recovered in this case. Recovery of 40 kgs. of poppy husk, at the first instance, was effected from a house, which is owned by the brother of the petitioner and he was present at the spot but succeeded in running away from there. During the course of investigation, a prima facie case has been established against the petitioner. He is involved in one more FIR bearing No. 31 dated 27.05.2019, registered under Sections 324, 341, 323, 506, 148, 149 and 120-B of IPC at Police Station Bhadaur. The petitioner was actively participating in drug supply along with afo