Conscious possession and conspiracy not shown: regular bail granted in an NDPS case involving a mere driver.

Regular bail was granted in an NDPS prosecution where the petitioner was shown only as the driver of the vehicle, no contraband was recovered from his person, and the material did not establish conscious possession or the knowledge needed to sustain conspiracy liability. The allegations indicated that the contraband was first linked to a co-accused, and the petitioner's role was limited to handing over money at the co-accused's instance. His long custody, framing of charge, the likelihood of delay in trial, and absence of previous involvements supported release on bail.

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Issues: Whether the petitioner was entitled to regular bail in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985, having regard to the alleged role of a mere driver, the absence of recovery from his person, and the question of conscious possession and conspiracy.

Analysis: The allegations showed that the contraband was first associated with the co-accused and that the petitioner was only the driver of the vehicle. No incriminating recovery was made from the petitioner. On the material placed, his attributed role was limited to handing over money from his pocket at the instance of the co-accused, and there was no material to show that he had ever received the contraband or was in conscious possession of it. The prosecution case did not establish, at this stage, that he had the requisite knowledge to attract conspiracy liability. The petitioner had been in custody for a substantial period, the charge had already been framed, the trial was likely to take time, and there were no previous involvements.

Conclusion: Regular bail was granted to the petitioner.

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