JUDGMENT :

Harsh Bunger, J.

This is third petition filed under Section 483 Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of petitioner (Bidesh Rai) for grant of regular bail in criminal complaint case (File Nc.DRI/LDZU/855/ I NT-02/2021) dated 07.03.2022 (Annexure P-1), under Sections 8,20, 27-A, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the N.D.P.S. Act'), registered at Revenue Intelligence (Zonal Unit), Ludhiana.

2. The earlier two petitions, i.e. CRM-M-232S1-2022 and CRM-M-11970-2024, filed by the petitioner were dismissed by this Court vide orders dated 24.07,2023 and 19,04.2024, respectively.

3. Briefly, the DRI (Zonal Unit), Ludhiana, filed a complaint (F.No.DRI/LDZU/855/INT-02/2021) dated 07.03.2022 (Annexure P-1), before the Judge, Special Court, Ludhiana; wherein, it was stated that a specific intelligence report was received by DRI Unit that Cannabis (Ganja) is stored in a godown premises situated at Village Mangli Nichi, Sahnewal, District Ludhiana, which was expected to be removed. The said Intelligence Report was reduced into writing and submitted to the superior officer and thereafter, the afore-said godown premises were searched by the officers of DRI Unit on 08.09.2021. As per the complaint, when the main door of the afore-said premises was knocked, then one person came outside who introduced himself as Shivam Singh son of Gopal Singh. Said Shivam Singh was informed by the DRI officers regarding the purpose of visit and also showed him the search warrant, which was signed by him and after following the due procedure, the officers entered the premises, which was found to be comprised of Ground Floor only in the form of a big hall. Shivam Singh informed that he had taken the said godown on rent from one Jiya Lal, who lives in Dhandari Kalan, Ludhiana. Inside the said premises, three more persons were found, who introduced themselves as Mintu Singh son of Gopal Singh, Arwinder Singh Sidhu son of Jaswinder Singh and Manoj son of Rajesh Kumar Sharma. During the search, 52 brown colour packets containing Ganja (Cannabis) were found and each packet weighed approximately 08 kgs. Shivam Singh admitted that each packet contained Ganja (Cannabis) and he had procured the same from Berhampur, Odisha.

3.1 After following the due procedure, Ashwani Kumar Kapoor, Senior Intelligence Officer, DRI, Ludhiana (Zonal Unit) was called at the spot and the personal search of aforesaid four persons was carried out; however, nothing objectionable was recovered from personal search.

3.2 Upon weighing the 52 brown coloured packets, it was found that the total weight thereof was 428.13 kgs., having an illicit market value of Rs.85,62,600/-, which was seized after following the due procedure. Consequent to the recovery and seizure of 428.13 kgs. of Cannabis (Ganja); statements of the aforesaid four persons in the premises were recorded under Section 67 of the N.D.P.S. Act.

3.3 As per the complaint, during recording of the statement of accused Shivam Singh, at about 10:00 a.m. (09.09.2021), someone was regularly trying to contact him on his mobile phone No.7848816237, which was found in his possession.

3.4 Upon being asked, Shivam Singh informed that Ranjeet Rai and Bidesh Rai, were contacting him for taking the delivery of the consignment for selling the seized Ganja (Cannabis) in the local market and settling the accounts. Accordingly, Shivam Singh was asked to communicate with Ranjeet Rai and Bidesh Rai regarding receipt of Ganja and he was asked to call them before the gate of Gujranwalan Khalsa College, Rani Jhansi Road, Civil Lines, Ludhiana. As per the complaint, after sometime, two persons arrived in front of the gate of Gujranwalan Khalsa College, Rani Jhansi Road, Civil Lines, Ludhiana, and were identified by Shivam Singh as Ranjeet Rai and Bidesh Rai and brought to the Office of DRI (Zonal Unit), Ludhiana, for questioning. It is mentioned in the complaint that on detailed questioning, both of the