Point of Law : Liberal approach in the matter of bail under the NDPS Act, is uncalled for. Therefore, it is quite clear that an order of bail cannot be granted in an arbitrary or fanciful manner.

JUDGMENT :

Shekhar Kumar Yadav, J.

1. Heard Mr. Brijesh Sahai, learned Senior Counsel assisted by Mr. Bhavya Sahai, learned counsel for the applicant, Mr. Ashish Pandey, learned counsel for Narcotics Control Bureau.

2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.12 of 2020, under Section 8/20/29 of Narcotic Drugs and Psychotropic Substances Act at Police Station ChallaniNCB Lucknow, District Jhansi.

3. The factual matrix of the present case is that on 27.05.2020 at about 07.00 AM, upon information that four persons, namely, Sanjay Kumar Singh, Vinod Singh, Shankar Varik (applicantaccused) and Chhote Lal in two Trucks bearing Registration No.CG04 HZ4685 and Dumper bearing Registration No.CG04 JA9801 are about to come from Teekamgarh towards Mauranipur at Khadiyan Crossing and they are carrying huge quantity of illegal Ganja, the informant of NCB with his team alongwith necessary items (proper kits) for further action in accordance with provisions of NDPS Act, reached the spot at about 09.00 AM and started patrolling at Khandiyan Crossing. It is alleged that in evening at about 18.30 hrs., the officers of NCB saw both trucks, which were coming towards Khandiyan Crossing of Teekamgarh. The officers of NCB intercepted the Dumper CG04 JA9808 and from the Cavity of Dumper, huge amount of Ganja weighing 1025 kg has been recovered, which was kept in 25 plastic gunny bags and upon testing by DD Kit, the samples tested positive for Ganja. The said Dumper was driven by coaccused Vinod Singh and the applicant was sitting on the truck. The aforesaid search was conducted in presence of two independent witnesses, namely, Chandra Shekhar and Kuldeep and also in presence of gazetted officer, namely, Dr. Pradeep Kumar Singh, C.O. Mauranipur, Jhansi. The aforesaid Dumper was also seized under Section 60 of NDPS Act. A notice under section 67 of NDPS Act was served upon the accused persons and their statements were also recorded.

4. Mr. Sahai, learned Senior Counsel appearing for the applicant has submitted that the applicant has been falsely implicated in the present case. During lockdown, the applicant went to Jhansi for his personal work and he did not get any vehicle to return back to his village at Chhattisgarh. The applicant was neither owner of the Dumper nor driver of the Dumper. The applicant was merely a passenger in the vehicle in question. He has further submitted that the applicant has no knowledge about recovered contraband. The alleged Dumper, from which the contraband has been recovered, does not belong to the applicant. He has further submitted that neither any recovery has been made nor any recovery memo has been prepared on the spot. At the time of arrest, mandatory provision of Sections 42, 50, 52, 53, 57 of NDPS Act have not been complied with. He has further submitted that nothing has been recovered from the possession of the applicant and the alleged recovery is false and fabricated. There is no independent eye witness of the alleged recovery, which has been shown. He has further submitted that there is no evidence on record which shows that applicant was in conscious possession or constructive possession of the recovered contraband. The applicant is having no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is in jail since 29.05.2020.

5. Learned AGA for the State as well as Mr. Ashish Pandey, learned counsel for NCB have opposed the prayer for bail and have submitted that the applicant was arrested on spot. The applicant and other coaccused persons were very much involved in interstate trafficking as they themselves have admitted in their voluntary statement