JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J

1. Delay condoned.

2. Leave granted.

3. This appeal arises from a judgment and order of a Single Judge of the High Court of Judicature at Allahabad dated 7 May 2019, by which bail was granted to the respondent, who is alleged to be involved in the commission of offences punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act 1985¹[“NDPS Act”].

4. The allegation is that, on 18 October 2018, secret information was received by an intelligence officer in the Delhi Zone of the Narcotics Control Bureau²[“NCB”] that a huge quantity of acetic anhydride had been purchased by a company by the name of Altruist Chemicals Private Limited³[“Company”] and that the Company had not submitted its quarterly returns for April – June 2018 and July – September 2018, as required under the Narcotic Drugs and Psychotropic Substances (Regulation of Control Substances) Order 2013. It has been alleged that based on a suspicion of diversion, a team of the NCB proceeded to the Company's registered office situated at 001, AG Block, Sector 45, Noida. On the premises being found locked, the owner was called to the spot. The owner allegedly informed the NCB team that the premises had been let out to a person by the name of Himanshu Rana, who is a co-accused in the complaint which has been lodged against the respondent. The lock was broken, upon which a quantity of 896 gms of acetic anhydride and 1.885 kg of amphetamine is alleged to have been found in the premises. During the course of the search, documents relating to a company by the name of M/s Griffin International were found and it was revealed that the respondent and an Afghan national by the name of Bismillah Khan Ahmadzai were the Directors of the Company. Notices were issued to the respondent and to Himanshu Rana, following which the statement of the respondent was recorded under Section 67 of the NDPS Act. It has been alleged that the disclosure revealed that a huge quantity of the controlled substance, acetic anhydride, was purchased and diverted to a godown situated at Village Karheda, Ghaziabad. During the search and seizure of the premises, a quantity of 9650 kgs of acetic anhydride was alleged to have been recovered and empty drums of acetic anhydride were also found. Notices under Section 67 of the NDPS Act were also issued to one Shamsuddin and Bismillah Khan Ahmadzai. It has been alleged that the respondent, the co-accused Himanshu Rana and Shamsuddin disclosed that Bismillah Khan Ahmadzai is a Director of the Company involved in its day to day affairs. Bismillah Khan Ahmadzai was apparently residing in the US and was arrested on his return to India. The residential premises of Shamsuddin Qarizada were searched and 500 gms of acetic anhydride was allegedly recovered. It has been alleged that on 21 October 2018, a search was conducted at the residential premises of the respondent which yielded, interalia, a recovery of:

(i) An arms license issued in the name of one Mohit Kaushik, which had the photograph of the co-accused Himanshu Rana;

(ii) A Cheque Book of the respondent and an entity called Skyline Company bearing the name and address of the respondent;

(iii) The rubber stamps of Griffin International, Shiv Shakti Trading Company and the Company (Altruist Chemicals Private Limited);

(iv) A rent agreement executed between one Dharmendra Pandey and Mohit Kaushik, proprietor of Skyline International;

(v) A letter head and import-export certificate of a company named White World Multi Cane (I) Private Limited, which mentioned the name of the co-accused, Pawan Kumar Sharma, as Director, but had the photograph of the respondent; and

(vi) Certain bank documents – letters addressed to the NCB and an agreement between the co-accused Himanshu Rana and Bismillah Khan Ahmadzai.

5. The respondent was arrested during the course of the investigation on 22 October 2018. The lab report dated 27 October 2018 allegedly confirmed the presence of ac