The court emphasized that bail under the NDPS Act requires satisfaction of two conditions: reasonable grounds for believing the accused is not guilty and that he is not likely to commit an offence while on bail.

JUDGMENT :

(Rohit Ranjan Agarwal, J.)

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. By means of the present bail application, the applicant seeks bail in Case Crime No. 130 of 2024, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”), Police Station- Kotwali, District- Ghazipur, during the pendency of trial.

3. The prosecution story, as unfolded from the First Information Report (FIR) is that Contraband (Heroine) has been recovered from Scorpio No.UP 32 LK4587 in four packets, total weighting 1 kg. The vehicle in question was being driven by the applicant in which two other persons were also sitting. When the police had intercepted the vehicle, the search was conducted as per the established procedure and three packets of 250 gms. Each were found from the pocket of all the three persons sitting in the scorpio vehicle and another packet containing 250 gms Contraband (Heroine) was found beneath the seat of the applicant who was driving the vehicle.

4. Learned counsel for the applicant submitted that the applicant is Driver of the said vehicle and has no concerned with the aforesaid Contraband, which is alleged to have been recovered from the vehicle.It is further contended that the applicant has a criminal history of 5 cases in which he is on bail. It is next contended that necessary compliance under Section 50 and 52-A of the Act were not done and the sample were not prepared and sent for chemical examination. The other two accused have already been enlarged on bail. It was lastly contended that the applicant is languishing in jail since 28.03.2024. Reliance has been placed upon decision of Apex Court rendered in Simarnjit Singh vs. State of Punjab, 2023 Supreme (SC) 658; Mangilal vs. State of Madhya Pradesh, 2023 Supreme (SC) 703 and Union of India vs. Mohanlal & Anr. 2016 Supreme (SC) 82.

5. Learned A.G.A. has opposed the bail application and submitted that the applicant was apprehended on spot along with two other co- accused who were carrying 1 kg. of Contraband (Heroine). The recovered quantity from applicant is well above the commercial quantity. It is further submitted that the recovery was made from the vehicle and it amounts to conscious possession and necessary compliance was done. He further submitted that the sample of the recovered contraband was sent of chemical analysis and the report of FSL had come wherein the recovered material was found to be Contraband (Heroine).

6. I have heard learned counsel for the parties and perused the material on record.

7. This is a case where contraband (Heroine) amounting to 1 kg. has been recovered from the possession of the applicant and other co-accused.

8. Section 37 of the NDPS Act governs the field for grant of bail in offences which are cognizable and non-bailable. Section 37 is extracted here as under;

"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 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."

9. According to the aforesaid provisions, the Court, before granting bail, has to record reason that there are reasona