CRM-25095-2023 In view of the reasons mentioned in the application, the same is allowed and the hearing of the main petition is preponed from 29.8.2023 and is taken on board today.

CRM-M-58383-2022 (Main Case)

1. This is the second petition filed on behalf of the petitioner seeking grant of regular bail in respect of the abovementioned FIR. The first petition having been dismissed vide order dated 2.12.2022 (Annexure P-4). PANKAJ KAKKAR 2023.07.14 16:18 I attest to the accuracy and authenticity of this document CRM-M-58383-2022 (O&M) (2) 2023:PHHC:088093

2. As per the case of prosecution, on 18.6.2021 when a police party was present at T-Point Korri, G.T. Road for the purpose of patrolling and checking, then at about 10 p.m., a young man was noticed coming from village Korri, who was limping and was carrying a white coloured envelope in his left hand. The said person, upon seeing the police party, sat down on the pretext of urinating and dropped the white coloured envelope. He was apprehended on the basis of suspicion and upon being asked, disclosed his name as Beeru Singh. The envelope thrown by the said person was found to contain 810 narcotic pills which later, upon chemical analysis, were found to contain 'Tramadol'. The total weight of the recovered tablets was found to be 324.81 grams. It is further the case of prosecution that the aforesaid Beeru Singh, during interrogation, disclosed the name of the petitioner to be the supplier.

3. Learned counsel for the petitioner submits that it is a case where the co-

accused Beeru Singh had been caught at the spot and it was upon his disclosure statement that the petitioner came to be arrested subsequently. Learned counsel for the petitioner submitted that, in these circumstances, the petitioner, who was never found in possession of any contraband in the present case, cannot be said to be in conscious possession of any contraband at any point of time. It has further been submitted that since co-accused Beeru Singh, from whom the recovery was effected, has already been granted bail vide order dated 9.5.2022 (Annexure P-2), the petitioner also deserves the same concession on grounds of parity. It has further been submitted that the petitioner has been behind bars since the last more than 1 year and not even a single PW has been examined till date.

PANKAJ KAKKAR 2023.07.14 16:18 I attest to the accuracy and authenticity of this document CRM-M-58383-2022 (O&M) (3) 2023:PHHC:088093

4. Opposing the petition, learned State counsel has submitted that since the petitioner has been subsequently named by co-accused Beeru Singh, who was found in possession of a 'commercial' quantity of contraband, no case for grant of bail is made out particularly bearing in mind the antecedents of the petitioner, who happens to be involved in 6 other cases including one case under NDPS Act . Learned State counsel has further pointed out that during the course of investigation statements of some other PWs have been recorded under Section 161 Cr.P.C., who have also stated that the petitioner indulges in drug trafficking.

5. Learned counsel for the petitioner, at this stage, has clarified that the only other case under NDPS Act against the petitioner pertains to offence under Section 27 of NDPS Act i.e. the allegation of consumption of contraband.

6. Learned State counsel has, however, not disputed that the petitioner has been behind bars since the last 1 year, 1month and 6 days and that till date not even a single PW out of the cited 11 PWs has been examined.

7. This Court has considered the rival submissions addressed before this Court.

8. Since the petitioner seeks grant of bail mainly on account of long custody, it is apposite to refer to a few judgments of Hon'ble Supreme Court in this regard wherein Hon'ble Supreme Court has granted the concession of bail solely on ground of long custody :-