JUDGMENT :

Rahul Chaturvedi, J.

1. Heard Shri Vimlendu Tripathi, learned counsel for the petitioner; Shri Krishna Agarawal, learned counsel for respondent nos.1, 2 & 3 and also learned Additional Government Advocate for respondent nos.4 and 5. We have gone through the entire materials brought before us.

2. Pleadings have been exchanged between the parties and the matter is ripe for final submission by the respective learned counsels.

3. Instant Habeas Corpus Writ Petition by above named petitioner, who is invoking constitutional remedy under Article 226 of the Constitution of India, whereby the petitioner Shivbodh Kumar Mishra @ Shiv Bodh Mishra has sought the following prayer :-

“issue a Writ of Habeas Corpus commanding all the respondents to release the petitioner from his illegal detention in pursuance of the detention order dated 04.03.2022 (Annexure No.1) passed by respondent no.3 under section 3(1) of the PITNDPS Act, 1988 and to set the petitioner at liberty forthwith, and may further be pleased to quash the impugned order dated 04.03.2022 passed by the respondent no.3 of the writ petition.”

4. Thus, from the above prayer, it is clear that petitioner has sought a command and direction from this Court to release him from illegal detention pursuant to order passed by the respondent no.3 dated 04.03.2022 u/s 3(1) of “Prevention of Illegal Traffic in Narcotic Drug and Psychotropic Substance Act, 1988” (for the sake of brevity hereinafter referred to as ‘PITNDPS Act’) and the petitioner may be set at liberty forthwith after quashing the order impugned dated 04.03.2022.

FACTUAL BACKGROUND :-

5. Before entering into the merits of the case, it is imperative to have a bird’s eye view to the controversy involved and the alleged criminal antecedents of petitioner, which are as follows :-

(I) On 04.01.2016 the Zonal Director, NCB Lucknow after receiving a tip from his sources that 4-5 persons coming from Bihar on a truck, bearing registration No.HR-55-J-2062 and a Mahindra Scorpio car bearing registration No.BR-03-P-8311, are likely to deliver a consignment of illegal ‘Ganja’ to the petitioner near Nawabganj Bypass situated at Allahabad Lucknow Road around 01.00 in the day on 04.01.2016. On receiving this information, a team consisting of NCB officials intercepted the aforesaid vehicle and recovered 312.045 kgs of Ganja. In this operation total 8 persons were nabbed, though the petitioner was sitting in Mahindra Scorpio Car No.BR-03-P-8311. Accordingly, a criminal case was filed by NCB Lucknow having Criminal Case No.42 of 2016, u/s 8, 20, 29 of N.D.P.S. Act before the District & Session Judge, Allahabad on 29.6.2016.

It is contended by learned counsel for petitioner that after great deal and efforts, the petitioner was eventually let loose on bail by this Court vide order dated 05.03.2020 while allowing his Third Bail Application No.3604 of 2020 and thereafter the petitioner was bailed out after completing the necessary formalities, furnishing the bail bonds and sureties.

(II) After being released on bail, the petitioner started attending the court’s proceeding and co-operating with the trial of Crl. Case No.42 of 2016. On 25.10.2020 he was again apprehended along with three other persons while travelling on a Swift Desire car along with Surajpal Soni, Vijay Kesarwani and Sanjay Kesarwani. After being searched out, a total quantity of 170 kgs of Ganja was recovered. In respect of this incident, an FIR was lodged on 25.10.2020 as Case Crime No.177 of 2020, u/s 8 & 20 of NDPS Act, Police Station Mahewaghat, District Kaushambi.

It is interesting to mention here that, petitioner again preferred a Bail Application No.83 of 2020 in aforesaid case crime which was allowed by the Additional Sessions Judge (POCSO Act), Kaushambi vide order dated 18.12.2020.

6. These aforementioned are only two cases in which the petitioner was arrested and later on was bailed out on 05.03.2020 and 18.12.2020 respectively. Except above mentioned two cases, there is no o