MOHAN LAL CHOUDHARY Vs. STATE

JUDGEMENT

(1.) The applicant/accused seeks regular bail in case FIR No. 154/2023 of Police Station Special Cell for offence under Sec. 18 & 29 of the NDPS Act.

(2.) Broadly speaking, the allegation against the accused/applicant is that on the basis of a secret information, a raiding team was constituted which intercepted the truck owned and being driven by the accused/applicant and the said truck was found to contain 41.260 kg of opium, which is a commercial quantity. According to prosecution, the said contraband was being transported in his truck by the accused/applicant from Manipur to Delhi. The alleged supplier of the contraband has been granted bail today itself.

(3.) Learned counsel for accused/applicant contends that he is innocent and has been falsely implicated after letting off the actual culprit. It is contended that it is not believable that a truck would be driven from Manipur to Delhi by only single driver, without even a helper. Further, it is contended that since grounds of arrest were not provided to the accused/applicant, he deserves bail. Learned counsel for accused/applicant also contends that there is violation of Sec. 41 and 42 of the NDPS Act. Apart from that, it is also contended that delay in trial in itself is a ground in this case to grant bail.