JUDGMENT :

1. This bail application has been filed to enlarge the applicant on bail in Case Crime No. 127/2022, under section 8/20 of Narcotics Drugs and Psychotropic Substances Act,1985 Police Station-Geeda, District Gorakhpur.

2. According to the prosecution story, believing upon the information of the ‘Mukhbir’, during patrolling duty, police personnel went on the spot i.e. Tandua Toll Plaza, at Devariya-Gorakhpur By-pass and arrested all the three accused persons including the present applicant and recovered 151.450 kg 'Ganza' from the Truck bearing No.HR38Z7205, wherein, applicant was a driver.

3. Learned Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime due to ulterior motive. It is further submitted that instant FIR has been lodged by the police is only with the a view to harass the applicant. The alleged truck was found at the public place and crowded area but neither any public witness has supported the prosecution story nor the Investigation Team has recorded any statements of any individual witnesses, who have supported the case.

4. Learned AGA appearing for the State has very vehemently opposed the prayer for the grant of bail of the applicant and submitted that applicant was arrested on the spot and he was involved in committing the aforesaid offence as has been narrated in the FIR.

5. Having heard learned counsel for the parties and after perusal of records, it is evident that there is no dispute that commercial quantity of Ganja is 20 kgs and recovered & seized total amount of Ganja is 151.45 Kgs in the present case, which is more than the commercial quantity, therefore, Section 37 of Narcotics Drugs and Psychotropic Substances Act is attracted in this case, which is in addition to the Section 439 of Cr.P.C. and mandatory in nature.

6. In view of Section 37 of N.D.P.S Act, before granting the bail for the offence under N.D.P.S Act twin conditions as provided under Section 37(1)(b)(i) and (ii) and have to be satisfied. For ready reference, Section 37 of NDPS Act, reads as follows:-

“37. Offences to be cognizable and non-bailable-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for 2[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.]

7. On several occasions, the Hon’ble Apex Court has considered the issue relating to provisions of Section 37 of the N.D.P.S. Act and after wholesome treatment laid down guidelines in this regards, which would be useful to quote herein-below:

“The expression 'reasonable grounds' has not been defined in the N.D.P.S. Act, but the Apex Court in the case of Union of India Vs. Rattan Mallik @Habul has settled the expression "reasonable grounds". Relevant paragraphs no. 12, 13 and 14 are quoted herein below:

"12.It is plain from a bare reading of the nonobstante clause in the Section and sub-section (2) thereof that the power to grant bail to a person accused of having committed offence under the NDPS Act is not only subject to the limitations imposed under Section 439 of the Code of Criminal Procedure, 1973, it is also subject to the restrictions placed by sub-clause (b) of subsection (1) of Section 37 of