JUDGMENT :

Anu Malhotra, J.

1. The applicant Akhilesh Bharti in judicial custody since 12.02.2017 seeks the grant of bail under Section 439 r/w Section 482 of the Cr.P.C., 1973 in relation to FIR No.18/2017, PS Crime Branch under Sections 20/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act, 1985).

2. The charge sheet in the instant case under Section 173 of the Cr.P.C., 1973 has been filed before the learned Trial Court and till the hearing of the application as on 18.11.2019 out of the cited 16 prosecution witnesses, 9 prosecution witnesses had been examined.

3. The status report dated 01.07.2019 under the signatures of the ACP, Narcotic Cell, Crime Branch, Delhi put forth the facts alleged against the applicant to the effect that on 11.02.2017 at about 9.00 PM, the secret information was received by ASI Sudhir Kumar at the Office of the Narcotics Cell, Crime Branch, Old Kotwali Daryaganj, Delhi that a lady Ajmeri, who resides at Kasim Vihar, Loni, Uttar Pradesh with her associates Shamsher Shah and Akhilesh Bharti (i.e. the applicant herein) deal in the supply of Ganja in wholesale and retail in Delhi and in the area of NCR after procuring the same from Jagdalpur and Raipur and that Shamsher Shah and Akhilesh Bharti (i.e. the applicant herein) would come that day for supply of Ganja to someone between 10:45 PM to 11:15 PM near Khajoori Khas Chowk, Pusta Road, Delhi and that if the raid was conducted in time, then they could be caught along with the consignment of Ganja.

4. As per the prosecution version, ASI Sudhir Kumar produced the informer before Insp. Manoj Kumar in his office at about 9:15 PM after apprising him of the information received and after satisfying himself on making enquiries from the secret informer, Insp. Manoj Kumar informed Shri Sanjeev Kumar Tyagi, ACP/ N&CP telephonically who directed the taking of immediate appropriate legal action for conducting of a raid. This information is stated to have been reduced into writing vide DD No.10 at about 9:30 PM and the same was produced to Inspector Manoj Kumar in compliance of Section 42 of the NDPS Act, 1985. The raiding party along with its equipment is stated to have reached the spot at about 11:00 PM and two persons are stated to have come from the side of Khajoori Khas Chowk on foot whilst holding two trolley bags and whereas the co-accused Shamsher Shah was found holding two trolley suit cases, the applicant herein namely Akhilesh Bharti was found in possession of one Magenta coloured trolley bag in his right hand.

5. As per the status report submitted, the compliance of provisions of the NDPS Act, 1985 was made and the trolley bags were checked and were found to contain four bags in each of the bags, which were packed with the help of tape and on checking after cutting tapes of all the packets, greenish seeds and leaves type smelly substance was found in all packets which was found to be Ganja. The said four parcels in each of the trolley bags were found to weigh 21 Kgs of Ganja and two samples of 250 gms each were drawn from the recovered contraband from each of the parcels and was separately marked and the remaining contraband and all four wrappers were kept in the white plastic katta and was converted into apulanda with the help of white cloth strip and the trolley bags were also converted into pulandas and were all seized and a signatory is stated to have been sent to FSL.

6. As per the status report, the contraband containing Ganja recovered from the applicant weighing 21 Kgs being a commercial quantity, the rigours of Section 37 of the NDPS Act, 1985 would apply in the instant case.

7. The contentions raised through the present petition are to the effect that the charge sheet having been filed, no useful purpose would be served by further incarceration of the applicant in judicial custody; that the trial in the case would take time and that the applicant/ petitioner is of a very young age and has been fa