JUDGMENT/ORDER PRAKASH D.NAIK, J - Heard learned Counsel for the Applicant and learned Additional Public Prosecutor for the Respondents-State. 2. The Applicant is seeking bail in connection with FIR No. 7/2023 registered with Calangute Police Station for offences punishable under Sec. 20(b)(ii)(B), 22(c) and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985, (NDPS Act, for short). 3. The case of the prosecution is that the Police received information that two persons are likely to deliver narcotic substance to their respective customer on 16/1/2023 between 23.10 hours to 02.10 hours on a grey colour Honda Activa scooter bearing registration no. GA-11-C-7242. The complainant reduced information into writing and informed about it to Police Inspector, Calangute Police Station. The copy of the information was submitted to the Sub-Divisional Police Officer, Porvorim, Goa, with a special messenger. Presence of two panch witnesses was secured and they were informed about the information received by the Police. At about 22.35 hours, the police team reached the spot and waited for the arrival of the persons indulging in narcotic drugs. They noticed Honda Activa scooter near the Radisson Hotel at Sinquerim, Bardez, Goa. It was driven by one male person and the other male person was a pillion rider. The scooter was parked by the side of the road and the said persons were proceeding towards the internal road. The Police team headed towards the said persons and encircled them. They introduced themselves to the said persons. The suspects disclosed their names. One of them was Applicant. He was riding the two wheeler. The suspects were informed about their right to be searched before the Gazetted Officer or the Executive Magistrate. Search of the vehicle was taken. It resulted in finding of polythene bag containing the powder suspected to be MDMA. The suspects confirmed that it is MDMA which was carried by them for the purpose of sale to their prospective customers. The powder was weighed and it was found weighing 20 grams. Testing kit was used for testing MDMA and thereafter the substance was sealed. On further checking the dicky of the scooter, another polythene bag containing black colour sticky substance was found, which was suspected to be charas. The weight was 225 grams. The drug testing kit testified it to be charas. Complaint was registered. Accused were arrested. On completing investigation, the chargesheet was filed. 4. On further checking the dicky of the scooter, another polythene bag containing black colour sticky substance was found, which was suspected to be charas. The weight was 225 grams. The drug testing kit testified it to be charas. Complaint was registered. Accused were arrested. On completing investigation, the chargesheet was filed. 4. The Applicant preferred an application for bail before the Court of learned Additional Sessions Judge, North Goa, Panaji. The said application was rejected by Order dtd. 19/7/2023. 5. Learned Advocate for the Applicant submitted that the Applicant is in custody for a substantial period of time. Investigation is complete and chargesheet is filed. Applicant has no connection with the crime. The scooter in which the contraband was found, does not belong to the Applicant. The Applicant had married recently and came to Goa for honeymoon. The Applicant is not having any criminal antecedents. He had no knowledge about the drugs found in the scooter. Nothing was found on his person. Charas is of variable quantity. The co-accused Shakil Ahmed Mir has been granted bail by this Court by order dtd. 2/5/2023. Further custody of the Applicant is not necessary. 6. Learned Advocate for the applicant has relied upon the following orders of this Court : (i) Ashabai w/o. Vishnu Makale and anr. vs. The State of Maharashtra (Bail Application No. 138 of 2021) decided on 9/3/2021. (ii) Bakhtuyarkhan @ Raja s/o. Jahangirkhan and anr. vs. State of Maharashtra (945 Bail Application No.1256 of 2021) decided on 16/11/2021. 7. Learned Additional Public Prosecutor submitted that the Applicant was driving the bike. The case of the co-accused who has been granted bail can be distinguished. He was a pillion rider. Benefit of being a pillion rider has been granted to him. The scooter was in possession of the Applicant. The statement of the owner of the scooter has been recorded. The said witness has stated that the scooter was handed over to the Applicant. The Applicant is found in possession of commercial quantity of MDMA. In view of Sec. 37 of the NDPS Act, the Applicant is not entitled for bail. 8. From the chargesheet, it is evident that the case proceeds on the basis that information was received that two persons were likely to travel on a scooter for the purpose of selling contraband to customer. On receipt of the information, raiding team proceeded to the spot. 8. From the chargesheet, it is evident that the case proceeds on the basis that information was received that two persons were likely to travel on a scooter for the purpose of selling contraband to customer. On receipt of the information, raiding team proceeded to the spot. The Applicant was driving the scooter. The co-accused was pillion rider. While granting bail to the co-accused, this Court had observed that the co-accused was a pillion rider. The scooter was procured at the instance of accused no.1 (Applicant). There is nothing on record to indicate that there is any incriminating material against the co-accused to attract Sec. 29 of the NDPS Act. He was just a pillion rider without anything more. Thus, the role attributed to the co-accused that he been released by this Court can be distinguished. During the course of investigation, statement of Dyaneshwar Mahadev Talawnekar is recorded. He stated that he knows the Applicant who hails from Srinagar, Jammu and Kashmir. The Applicant used to stay in his neighbourhood and operate cloth bag shop at Saturday night market, at Anjuna. The Applicant met him on 15/1/2023 and requested for arranging room on rental basis as he is newly married. The Applicant also requested for handing over the Activa scooter to enable him to search for a room and hence had handed over his Honda Activa bearing registration no. GA-11-C7242 to the Applicant. It was given to him for two days. However, the Applicant was not traceable over his mobile phone. Thereafter, he received a call from the Police Station. The statement of this witness shows that the vehicle in which the contraband was found, was in possession of the Applicant. The quantity of MDMA found from the scooter which was in possession of the Applicant is commercial. There is sufficient evidence to show involvement of the Applicant. 9. In view of restrictions under Sec. 37 of the NDPS Act, the Applicant is not entitled for bail. Hence the following order : < WXY>ORDER Criminal Application (Bail) No.577 of 2023 is rejected. Disposed off.</ WXY>