Pankaj Mithal JUDGMENT
Pankaj Mithal, J.
1. Leave granted.
2. Heard Ms. Aishwarya Bhati, learned Additional Solicitor General, appearing for the Union of India and Mr. Divyesh Pratap Singh, learned Advocate-on-Record, appearing for the Respondent.
3. The Appellant-Union of India has preferred this appeal against the final judgment and order dated 17.10.2022 passed by the High Court of judicature at Allahabad, allowing Criminal Miscellaneous Bail Application No. 21330 of 2022 and directing for the release of the Respondent-Accused Ajay Kumar Singh @ Pappu on bail.
4. The Respondent-Accused is alleged to be involved in Case No. 687/2021 arising out of Case No. 1/2021 Under Sections 8/20/27-A/29/32 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), Police Station-D.R.I., Varanasi.
5. The Respondent-Accused has been directed to be released on bail by the impugned order keeping in mind the larger mandate of Article 21 of the Constitution of India in the light of the decision of this Court passed on 11.07.2022 in Satender Kumar Antil v. Central Bureau of Investigation and Anr. in SLP(Crl.) No. 5191 of 2021 reported in 
MANU/SC/0851/2022, mainly for the reason that the main Accused persons - Om Prakash Yadav and Amit Yadav have already been enlarged on bail.
6. Since the Respondent-Accused was in custody and had been directed to be released on bail, this Court on 13.02.2023 while issuing notice on the Special Leave Petition passed an interim order directing the suspension of the impugned order passed by the High Court.
7. It may be pertinent to note that the Respondent-Accused had not participated in the investigation and had avoided his arrest for more than one year whereupon he was arrested from a restaurant in Raipur.
8. The background facts in a nutshell are that the Directorate of Revenue Intelligence (DRI) Varanasi on 11.01.2021 had information that a huge quantity of narcotics "ganja" is likely to be transported in a truck bearing registration No. AP-05-W-8699 from Bhadrachalam (Andhra Pradesh) to Jaunpur in U.P. via Varanasi. At around 6 pm on the said date, the aforesaid truck appeared, moving towards Prayagraj and was apprehended near Raja Talab. The person driving the truck introduced himself as Om Prakash Yadav, resident of district Ballia (U.P.). The other person in the truck introduced himself as Amit Yadav, helper (Khalashi). Initially, both of them denied the transportation of ganja and informed that the truck is loaded with cattle feed but upon search in the pr........