The NDPS Act imposes strict conditions for bail in cases involving commercial quantities of drugs, requiring substantial evidence to prove the accused's innocence.

COMMON ORDER (ORAL)

W. Diengdoh, J. - These two bail applications have been filed by the same petitioner in respect of two accused persons involved in the same case i.e. Criminal NDPS Case No. 8 of 2023 pending before the Court of the learned Special Judge (NDPS), Nongpoh, Ri-Bhoi District, and as such are taken up by passing a common order.

2. The case relates to seizure of contraband substance made by Customs officials who, on receipt of reliable information had intercepted a Maruti Alto vehicle bearing Registration No. ML05 Q 6794. Following such lead, the said group of Customs officials followed the occupants of the said vehicle No. ML 05Q 6794 and at about 3:00 AM on 24.05.2023, the vehicle was asked to stop but on the said order not being complied with and was speeding away, the officers chased the vehicle and managed to intercepted it at Bhoirymbong market. On checking the vehicle, four persons were found as occupants and on being questioned they agreed to lead the officers to the exact place where they have hidden the contraband substance.

3. On reaching Liarbang Village, the said persons led the officers to a forested area where twenty-four packets of compressed blocks wrapped in brown paper suspected to be ganja were found. On due procedure being followed as far as search and seizure is concerned, the contraband substance was removed from the place it was found to the custody of the Customs officials.

4. The competent authority has then arrested the four occupants of the vehicle namely; Shri Dilu Joy Riang, Shri Sanjib Gohai, Shri Sujit Kumar Rai and Shri Vicky Kumar and investigation was launched thereafter.

5. The Investigating Officer, on completion of his investigation has filed the final complaint before the Court of the learned Special Judge (NDPS), Nongpoh, finding that the accused persons above named are involved in the dealing, storage and transportation of the contraband substance, i.e. cannabis (ganja) weighing about 149.55 Kg. and thereby, have contravened the provisions of section 8 (c) of the NDPS Act by committing an offence punishable under section 20(b)(ii)(C) read with section 23 and 29 of the said NDPS Act. The four accused persons are now undergoing trial before the Trial Court at Nongpoh. It may be mentioned that another person has also been named as one of the accused in this case, whose name is Sankar Saha said to be the mastermind of the whole operation, but who could not be apprehended till date.

6. Mr. S. Pandit, learned counsel for the petitioner while moving this bail application has submitted that the accused person Shri Vicky Kumar is a driver of a Local Taxi bearing registration No. ML 05 Q 6794 and on the date of the incident, he was hired by the two co-accused persons namely Dilu Joy Riang and Sanjib Gohai to drop them to Bhoirymbong. Being night time, he requested his cousin brother Shri Sujit Kumar Rai to accompany him. It was not until the group was intercepted by the Customs officials did the accused persons Vicky Kumar and Sujit Kumar Rai realised that the situation is grave. 7. However, the learned counsel would further submit that there is no iota of evidence to prove that it was the two accused persons in question who have led the police party to the place where the alleged contraband substance was found. There is no report under section 27 of the evidence Act to indicate such fact.

8. The learned counsel has further submitted that even on perusal of the final report, it is seen that there is nothing in evidence to link the two accused persons in question to the transportation and storage of the alleged contraband substance. What has been relied on by the prosecution is that there are call details report (CDR) to link them with the said Sankar Saha. However, from the materials on record nothing has been produced by the Investigating Officer to definitely prove this accusation, except for a bald statement made in the complaint that the accused persons in question are found to be in co