A prima facie case was established against the accused for possession of contraband, and ignorance of its contents did not warrant bail under the NDPS Act.

JUDGMENT :

W. DIENGDOH, J.

1. Heard Mr. J.I. Nongrum, learned counsel for the petitioner who has submitted that this is an application filed with a prayer for grant of bail on behalf of the accused person Shri. Promod Chettri, who was arrested in connection with Nongpoh P.S. Case No. 51(5) 2023 under Section 21(b)/29 of the NDPS Act, 1985 and which case on completion of investigation and charge sheet filed, finding a prima facie case well established against the accused person, he was accordingly brought to trial before the Court of the learned Special Judge, (NDPS), Ri-Bhoi District, Nongpoh in Crl. (NDPS) Case No. 13 of 2023.

2. The learned counsel has further submitted that the background of the case is that the accused person is a Tourist Taxi driver running a Tourist Taxi bearing registration No. ML-05-Q-2749. In his daily course of work, one day, i.e. 02.05.2023, while he was waiting for passengers at the Guwahati Airport to return to Shillong, an unknown lady who introduced herself as Mercy approached him and requested him to carry a parcel to Shillong and to deliver it to one person who will come and pick it up from him. He had no knowledge whatsoever what is contained in the said parcel, but has agreed to deliver the same as instructed.

3. While proceeding towards Shillong on the same day, i.e. 02.05.2023, his vehicle was stopped by some police personnel at Byrnihat opposite police outpost, and on a search being conducted in his possession, the said parcel was recovered and on the contents being checked, it was found that it contained illegal contraband substances. The accused person was accordingly arrested under the relevant provision of the NDPS Act and is now lodged at the District Prisons and Correctional Home at Nongpoh.

4. It is also the submission of the learned counsel that the accused person has no idea what the said parcel contained as he was going on his usual work of ferrying passengers to and from Shillong and as such, the alleged offence cannot be attributed to him.

5. Again, the learned counsel has submitted that the accused person has a minor son whom he is to take care of, his wife is since deceased, therefore, any further incarceration in custody would not only hamper or jeopardize his career and future, but would also have a psychological impact on the well-being of his minor son.

6. The seizure of the alleged heroin is also of an intermediate quantity as per the provision of the NDPS Act and therefore, the rigors of Section 37 of the NDPS Act will not be applicable and will not be a hindrance for this Court to enlarge the accused on bail, it is further submitted.

7. In support of his contention, the learned counsel has referred to the case of State of West Bengal v. Rakesh Singh, wherein on the High Court refusing to grant bail where seizure of contraband substance, that is, 76 grams of cocaine was made from the respondent therein. The Hon’ble High Court has granted bail on the ground that the quantity involved is that of an intermediate quantity. The State of West Bengal went on an appeal against such order before the Hon’ble Supreme Court and the Hon’ble Supreme Court vide order dated 11.07.2022 in Criminal Appeal No. 923 of 2022 has upheld the decision of the High Court.

8. Another case relied upon by the learned counsel is the case of Puranmal Jat v. State of Rajasthan reported in 2023 SCC OnLine SC 1418, wherein the Hon’ble Supreme Court on an appeal made by the appellant therein who was refused bail in a case under the NDPS Act, the recovery contraband items said to have weight less than the stipulated commercial quantity, the impugned judgment was set aside and the appellant therein was allowed to be released on bail.

9. The learned counsel has finally relied on an order of this Court passed in BA. No. 55 of 2023, wherein vide order dated 16.11.2023, the co-accused in this case has been enlarged on bail. It is therefore prayed that this petition may be allowed and the accused person may be enlarged o