1. None appears on behalf of the accused-applicant to press this bail application, though Mr. Digvijay Nath Dubey, learned Senior Standing Counsel, Union of India, Directorate of Revenue Intelligence is present.
2. Heard the learned counsel for the respondent and gone through the entire record.
3. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in Crime/FIR No.09 of 2016, under Sections 8(c)/20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act lodged at Police Station D.R.I., Gomti Nagar, Lucknow.
4. It is alleged that the vehicle, bearing Registration No. HR20-V/8384, being driven by the accused-applicant, was apprehended on Faizabad-Lucknow Highway, near Babu Banarsidas University; the car was coming from Faizabad side, which was occupied by three accused; the present accused-applicant was driving the car and, the two co-accused, sitting inside the car, were identified as Manoranjan Kumar alias Bauwa Singh and Smt. Rinku Devi.
5. The D.R.I. Team received the information that a huge quantity of Charas was being transported by the said car; in search, 71.220 kilograms of Charas, contained in 157 packets, was recovered from the car.
6. The large quantity of the contraband recovered form the car, which is more than the commercial quantity, this Court does not find reasonable grounds for framing a prima facie opinion that the accused-applicant has not committed such offence and, that he is not likely to commit any offence in future, while on bail, which are the twin conditions under Section 37(1)(b) of the NDPS Act. Trial is in progress inasmuch as PW-1, Ved Prakash Singh, has been examined. Considering all these aspects, the accused-applicant is not entitled to be enlarged on bail, at this stage.
7. In view thereof, this bail application is hereby rejected.
[D.K. Singh, J.] Order Date :- 6.4.2021 MVS/-