Point of law: That there has been a judicious application of mind by the judge who is deciding an application under Section 439 of the CrPC must emerge from the quality of the reasoning which is embodied in the order granting bail. While the reasons may be brief, it is the quality of the reasons which matters the most. That is because the reasons in a judicial order unravel the thought process of a trained judicial mind.

JUDGMENT :

1. Keeping in view the Pandemic (COVID-19), the case is taken up through video conferencing.

2. Heard Mr. Rajiv Lochan Shukla, learned counsel for the applicant and Mr. Virendra Kumar Maurya, learned Additional Government Advocate assisted by Mr. Prashant Kumar Singh, learned Brief holder appearing on behalf of State of U.P. through video conferencing and perused the material placed on record.

3. By means of this application, the applicant, who is involved in Case Crime No. 0532 of 2020, under sections 8/20 of Narcotic Drugs & Psychotropic Substances Act, police station Jhunsi, district Prayagraj, is seeking enlargement on bail during the pendency of trial.

Facts

4. In nutshell, the facts which led to the prosecution of accused are that on 23.6.2020 informant (Sub Inspector Ranendra Kumar Singh, UP S.T.F. field Unit Prayagraj) lodged First Information Report at police station Jhusi, District Prayagraj against four accused persons, namely, Dhiraj Kumar Shukla (applicant), Praveen Maurya alias Punit Maurya, Dhiraj Maurya and Rishabh Kumar alleging inter alia that on 23.6.2020, he along with other police personnel were busy in the city area for collecting information regarding illicit trafficking of narcotics substance and criminals declared as wanted, where he received information through informer that some persons are about to come at Jhunsi near Trivenipuram gate on vehicle with illegal and suspicious goods, if quick action be taken, they can be caught. On such information, he after giving information to higher officers proceeded for the place of occurrence along with informer and other police personnel and reached at Trivenipuram gate, Jhunsi through Nyay Nager Crossing. Effort was made to persuade the local persons to become witness, but due to fear no body became ready. Thereafter, they walked towards railway crossing and reached on the bridge and started waiting there. After some time, they saw that two vehicles white coloured Swift Dzire car and grey coloured Honda City car were coming. On the indication of informer, said vehicles were caught by the police team using necessary force and persons sitting in the vehicles were pulled out. On questioning, they disclosed about transportation of illegal Ganja in the said vehicles. On interrogation, the apprehended accused persons, who were sitting in Honda City car, disclosed their names as Praveen Maurya alias Punit Maurya (owner), Rishabh Kumar (Driver) and Dhiraj Maurya, whereas person, who was driving Swift Dzire car disclosed his name as Dheeraj Kumar Shukla (applicant). The accused were enlightened about their legal rights to be searched before a Gazetted Officer, to which they declined and gave their consent saying that informant may take their search. Accordingly, they were searched, but no contraband was recovered from their personal search, except mobile phones and some cash amount etc. as mentioned in the recovery memo. On taking search of aforesaid vehicles, total 92.410 Kgs. of Ganja were recovered from the dicky of Honda City car bearing No. MH 04 AF 0076 and 65.160 Kgs. of Ganja were recovered from the dicky of Swift Dzire car bearing No. UP 70 EW 0246. As such, total 157.570 Kgs of illegal Ganja have been recovered in this case. Accused persons could not show the authorization for keeping and transporting the same. Separate samples of about 100-100 grams each of Ganja were taken out from each packets, thereafter samples and remaining Ganja as well as other recovered materials were separately sealed in white cloths. Specimens of seal were prepared. Accused persons disclosed that they have been engaged in the trafficking of Ganja since last several years. They also disclosed that they purchased the Ganja from one Hari, resident of Kodpad, Odisha and sell the same on higher price in Prayagraj. Both the aforesaid vehicles were also seized. Contents of recovery memo were explained to the accused persons and after taking their signature, copy of recovery memo was