1. This is an application for regular bail in the case titled “Davendra Singh v. Kewal Ram & Ors.” S.C. No.61-A/08 under Sections 21/27A and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 („NDPS Act?) pending in the court of the learned Special Judge, NDPS Court, New Delhi. The Petitioner was arrested by the officials of the Directorate of Revenue Intelligence („DRI?) on 4th April 2008 and has remained in custody since then.

2. The case of the DRI as stated in its complaint filed in the Court of the Special Judge, NDPS, By Davender Singh, Intelligence Officer (I.O) is that on 3rd April 2008 intelligence was gathered through a reliable source at 1600 hours by Shri Raman, I.O., DRI that a person would be coming in an Opel Astra car (No.HR-26K-9005) carrying narcotics drugs concealed in a suitcase which would be transferred to another person who would also come to the designated place of delivery at 1900 hours in his cherry colour Tata Safari car. The said information was reduced into writing by IO Raman Mishra who was the officer of the DRI at CGO Complex, Lodhi Road, New Delhi.

3. The further narration in the aforementioned complaint filed by the DRI is that on the basis of the said information a team of officers of the DRI was constituted. It is stated that two witnesses were called at around 1700 hours on 3rd April 2008 and requested to remain present during the possible interception and subsequent search proceedings. These two were Shri Kali Charan and Shri Satish, both working as sweepers with the CPWD. It is stated that at 1715 hours the raiding party left for the spot which was on the main (outer ring) road in front of Capital Court, Munirka, New Delhi. The DRI team mounted a surveillance.

4. The complaint further states that at about 1700 hours one Opel Astra car bearing registration No. HR-26 K-9005 came to the designated place. The driver of the said car parked it on the main road in front of Capital Court, Munirka. At around 1915 hours one cherry colour Tata Safari bearing registration No. CH 03 U 9626 reached there. The driver of the Tata Safari stopped his vehicle just in front of the Opel Astra. A person aged about 37-38 years got out of the Tata Safari and proceeded towards the Opel Astra car. The driver of the Opel Astra car then came out of his vehicle. He opened the boot of his car took out one black colour suitcase from it. When he was about to hand over the said suitcase to the person who had alighted from the Tata Safari, the officers of the DRI immediately apprehended both the persons and took both the vehicles in their control. It is stated that the driver of the Opel Astra car identified himself as Kewal Ram (Accused No.1). The person who alighted from the Tata Safari car identified himself as Amarjeet Singh (Accused No.2), the petitioner herein.

5. It is stated that “on persistent questioning by the officers” accused No.2 admitted that the suitcase contained contraband narcotic drugs concealed below its false bottom and that it had been brought by the accused No.1 from Punjab. Notice under Section 50 NDPS Act was served upon both accused persons separately. Both expressed their desire “by writing in their own handwriting on the body of the said notice that they do not require the presence of any Gazetted Officer or Magistrate to carry out the searches and in fact any officer of the DRI can carry out the searches.” They also stated in writing on the notice itself that “since the place of interception was very crowded and the same was not considered to be a safe place to carry out their searches as well as their vehicles, they requested the officers for taking them along with their belongings and vehicle to any safer place to carry out further proceedings.”

6. It is stated that thereafter the DRI officers along with the witnesses and the accused persons and the vehicles were brought to the office of DRI at CGO Complex, Lodhi Road, New Delhi. The two ve