JUDGMENT :

1. Heard Sri Daya Shankar Mishra, Senior Advocate assisted by Sri Chandrakesh Mishra and Abhishek Mishra Advocates, the learned counsel for the applicant and Sri Ashish Pandey, the learned counsel for the Narcotic Control Bureau.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 25 of 2020, under Sections 8/20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (which will hereinafter be referred to as “the Act”), Police Station N.C.B., District Lucknow.

3. The prosecution case is that on the basis of a confidential information received by the officers of Narcotic Control Bureau hereinafter referred to as the ‘NCB’) on 07.09.2022, a team of officers of the NCB, accompanied by another team of STF, apprehended the accused persons while a plastic sack was being transferred from a truck to a Scorpio vehicle. The truck was being driven by one Manoj Singh and the applicant and one Vinod Patel were there in the truck. Four persons sitting in the Scorpio vehicle were also apprehended and it is alleged that the persons sitting in the truck confessed that 1,100 Kg. Ganja was being transported in the truck and the person sitting in Scorpio confessed that they had come to take delivery of Ganja from the truck. Two persons sitting on a motorcycle were also apprehended and one of them Radhey Shyam allegedly confessed that the Ganja was brought to be delivered to him. Thereafter all the three vehicles were taken to Police Station – Naini on 09.09.2020 at about 03:50 a.m. and it is alleged that one plastic sack containing 6 packets in it was recovered from the Scorpio, a small quantity of substance was taken and upon being tested by the drug detection kit and it was found to be Ganja. Each of the packets weighed 5.2 kg., thus the total weight of six packets was 30.200 kg. 28 sacks were found in the truck, which contained 219 packets, each weighing 5.2 kg. totaling to 1,138.80 kg.

4. The applicant filed an application for his release on bail, which has been rejected by means of an order dated 15.10.2020 passed by the Additional Session Judge, Court No. 10, Allahabad on the ground that the applicant was sitting in the truck and from his statement recorded by the Investigating Officer, it is clear that the applicant knew about the smuggling of Ganja.

5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case; that the applicant is a poor rustic villager doing labor work and he had no knowledge about the contents of the truck. It has further been stated that the applicant has no criminal history and he is languishing in jail since 10-09-2020.

6. The NCB has filed a counter affidavit annexing therewith a copy of the complaint filed by it in the Court of District and Session Judge, Allahabad, in which the contents of the recovery memo have been reiterated. It is alleged that statement of the applicant was recorded under Section 67 of NDPS Act on 09.09.2020 and he had confessed that he was well aware that Ganja was laden in the truck and his brother had given him Rs. 40,000/-for this work for delivering an earlier consignment of Ganja.

7. It is further stated in the complaint that all the 9 accused persons were produced before the Court alongwith seized ganja, truck, Scorpio and a Motorcycle and all the persons were sent to judicial custody. It has been stated in the complaint that all the recovered packets were marked as P-1 to P-219 and divided into 6 lots. 6 samples in duplicate were drawn and marked L1S1 – L6S1 and L1S2 – L6S2 serially.

8. The samples were sent for chemical examination to CRCL, New Delhi on 11.09.2020 and its report was received on 19.11.2020, as per which all six samples were found positive for Ganja.

9. It is alleged in the complaint that the applicant was found to be communicating with co-accused persons Ritesh Kumar Rai, Jagannath, Mangu and Guddu Rai