JUDGMENT :

Deepak Gupta, J.

By way of this petition filed under Section 439 CrPC, petitioner prays for his release on regular bail in case F No.DR/LDZU/855/INT-02/2021 under Sections 8, 20, Tl-K, 29 and 60 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') registered at Police Station Division No. 5, Ludhiana against the petitioners and others.

2.1 This is the second petition for this purpose. The earlier petition bearing CRM-M-1040-2024 was dismissed as withdrawn vide order dated 07.03.2024 (Annexure P3) with liberty to file fresh petition after impleading the complainant of the case i.e. DRI as a party to the petition.

2.2 . Status report has been filed by Sh. Sahil Razmee, Intelligence Officer, DRI (ZU), Ludhiana.

3.1 As per allegations, intelligence report was received by DRI unit of Ludhiana to the effect that cannabis (ganja) is stored in a godown premises situated at Village Mangli Nichi, Sahnewal, District Ludhiana. Said report was reduced into writing and submitted to the superior officers. The godown premises were searched by the officers of DRI Unit on 08.09.2021. On knocking the main door, one person, who introduced himself as Shivam Singh, came out and infonned about the purpose of visit with a search warrant. After following the due procedure, search was conducted. It was informed by Shivam Singh that he had taken the godown on rent from one Jiya Lal. In the premises, three more persons namely Mintu Singh, Arwinder Singh Sidhu (petitioner herein) and Manoj were found and on search of the godown, 52 brown colour packets containing Ganja (Cannabis) were found, each packet weighing approximately 08 kgs of ganja. The total quantity of ganja was found to be 428.13 kg. Shivam Singh disclosed that he had procured the said contra band from Berhampur, Odisha.

3.2 On 09.09.2021, during recording the statement of Shivam Singh, someone was regularly trying to contact him on his mobile. On being asked, Shivam Singh disclosed 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. On the asking of DRI officers to communicate with these persons Ranjeet Rai and Bidesh Rai, Shivam Singh called them at the gate of Gujrawalan Khalsa College, Rani Jhansi Road, Civil Lines, Ludhiana. Two persons reached at that place and on identification of Shivam Singh, they were apprehended. They disclosed their name as Ranjeet Rai and Bidesh Rai and they admitted their role in the illicit trafficking of Ganja. All of them were arrested.

3.3 Necessary investigation was conducted and then complaint against the accused including the petitioner was filed before the Special Court on 07.03.2022 to prosecute them under Sections 8, 20, Tl-K, 29 and 60 of the NDPS Act.

4. It is submitted by Id. counsel that the petitioner has been falsely implicated; that he is neither the tenant nor the owner of the hall/godown from where the alleged recovery was effected; that petitioner is the first offender and has never been involved in any such case; that he is in custody for the last more than 2 years and 10 months and that trial is not proceeding further and so, no purpose shall be served by keeping him detained. Prayer is made for grant of regular bail.

5. Strongly opposing the bail petition, Id. Senior standing counsel for respondent No.2-complainant pointed out that recovery of 428.13 kg of ganja, which is worth more than ?85.62 lakh in the market, was recovered from the conscious possession of the petitioner along with others, who were found present in the godown from where the recovery was effected. It is argued that recovered quantity of contraband is more than 21 times than the threshold of 20 kg, from which the commercial category for ganja starts and that Section 37 of the NDPS Act bars grant of bail in such like cases. Ld. senior standing counsel further placed on record a common order dated 24.07.2023