Bail under the NDPS Act requires substantial evidence indicating the accused is not guilty, prioritizing public safety and the integrity of judicial processes over personal liberty.

JUDGMENT :

NEELA GOKHALE, J.

1. By this Application, the Applicant seeks his enlargement on bail in connection with Case F. No. DRI/MZU/C/INT-107/2024 dated 9^th January, 2024 registered with the Directorate of Revenue Intelligence, Mumbai Zonal Unit (‘DRI’), for the offences punishable under Sections 8 (c), 21(c), 28, 29, 30 read with Sections 35 and 54 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS’).

2. There are in all four accused persons involved in the present crime.

3. The facts of the case, as discerned from the FIR, are that, acting on an intelligence received by the officials of the Directorate of Revenue Intelligence, Mumbai Zonal Unit, a team comprising of intelligence officers was constituted. They intercepted a brown-coloured truck coming towards Chintamanvadi Nakabandi Chowki of Kasara Police Station, Nashik-Mumbai Road (National Highway No. 44). After following the due process prescribed under the NDPS Act, the driver of the truck and the person sitting next to him as well as the truck itself were searched. A bag containing contraband, 14 gms. of Ganja and 9.389 kgs. of Opium, were found in a bag, which was concealed behind the driver’s seat. The quantity of the contraband recovered from the truck is above commercial quantity. Hence, the person sitting next to the driver of the truck, namely Mr. Bablu Khan was arrested on 9^th October, 2024.

4. On further investigation, Mr. Bablu Khan, co- accused, revealed that the said contraband was to be delivered to the Applicant herein, at Avatar Dhaba situated at around 40 Kms. away from the place where the truck was intercepted. The packets of contraband recovered from the bag in the truck were opened and a small quantity from each pouch was tested with the help of the field drug detection kit. The samples tested positive for Opium. Another DRI officer namely, one Anuj Dahiya came to the location with another person namely, the Applicant. It transpired that the DRI officer had summoned the Applicant in the matter of investigation pertaining to the seizure of Opium from the truck. Mr. Bablu Khan immediately recognized the Applicant as the person to whom he was to deliver the Opium. All the mandatory provisions under the NDPS Act were complied. Statement of Bablu Khan was recorded under the provisions of Section 67 of the NDPS Act. He disclosed that he was aware of the nature of the goods that he was carrying in the truck. The same were handed over to him by one friend called Niyamat Ali. He used to regularly ferry contraband on behalf of Niyamat Ali while driving his truck on behalf of the transport company. He also disclosed that Niyamat Ali had many clients living and operating enroute. Niyamat Ali used to pay Bablu Khan money to ferry the contraband. The Opium was to be delivered to the Applicant herein, who was also a regular client of Niyamat Ali and a dealer of drugs.

5. Based on the details revealed during interrogation of Bablu Khan, a search was conducted at the restaurant premises of the Applicant but nothing was recovered from the restaurant nor his residence. The Applicant was summoned to appear before the DRI officers and his statement was recorded on 9th October 2024. He also confirmed the facts as stated by Bablu Khan. He stated that he used to supply the contraband to various truck drivers who stopped at his Dhaba for payment. Thus, the Applicant was arrested on 9th October 2024 after following the due process of law. Another accused namely, Vinod Vasoonia was also summoned. His statement was recorded. He was the person who used to load t