Order on Board

1. This is the First bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 399/2024 registered at Police Station – Rajim, District Gariyabandh (C.G.) for the offence punishable under Section 20(B)(ii)(C) of N.D.P.S Act, (As per charge-sheet)

2. The prosecution story, in brief, is that on 09.12.2024, the police authorities received a secret information that two persons travelling in a Hyundai car bearing registration No. C.G.-06-GN-7321 were transporting psychotropic substance, namely ganja, which was kept in the trunk at the rear side of the vehicle and were proceeding from Chura Road towards Rajim. Upon receiving the said information, the police authorities reached the spot and conducted a raid. During the said raid, two persons, namely Devraj Putel and the present applicant, were found in the said vehicle. Upon search of the vehicle, psychotropic substance (ganja) weighing 92.700 kilograms was allegedly seized from their joint possession. Accordingly, both the accused persons were arrested on 09.12.2024 and against them aforesaid offences were registered.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged implication of the applicant is solely based on the memorandum statement of the co-accused, which has no evidentiary value in law. As per the prosecution case itself, the applicant was merely a passenger in the vehicle and had no knowledge whatsoever about the alleged transportation of contraband (ganja) kept in the car by the co-accused person. The applicant does not even know the said person, namely Bunty @ Palash Patil. It is further submitted that the applicant is in judicial custody since 09.12.2024 and has remained incarcerated for about one year and three months. There are 20 prosecution witnesses cited by the prosecution, out of which only three witnesses have been examined till date and the trial is progressing very slowly. After completion of investigation, the charge-sheet has already been filed and no further custodial interrogation of the applicant is required. The applicant has no previous criminal antecedents of similar nature, therefore, he deserves to be released on bail.

4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is involved in a serious offence under the provisions of the NDPS Act. It is submitted that a huge quantity of contraband (ganja) weighing 92.700 kilograms has been seized from the vehicle in which the present applicant was travelling along with the co-accused and therefore the offence falls under the category of commercial quantity. It is further submitted that the investigation has revealed the involvement of the applicant in transportation of the contraband substance and considering the gravity and seriousness of the offence, the applicant does not deserve to be released on bail. Hence, the bail application deserves to be rejected.

5. I have heard learned counsel for the parties and perused the case diary.

6. From perusal of the record, it transpires that the contraband article, i.e., ganja weighing 92.700 kilograms, was recovered from the vehicle in which the present applicant was travelling along with the co-accused persons, which is much above the commercial quantity as prescribed under the provisions of the NDPS Act. The primary ground raised in the present bail application is that the applicant is in custody since 09.12.2024 and out of 20 prosecution witnesses, the evidence of only 3 witnesses have been recorded so far.

However, considering the nature and gravity of the offence and the fact that the contraband seized is of commercial quantity, mere long incarceration and slow progress of the trial cannot be considered sufÏcient