The central legal point established in the judgment is the requirement for reasonable grounds to believe the accused is not guilty, as well as the standard of proof required for the accused to prove innocence.

JUDGMENT :

1. Present petition is filed under section 439 Cr.P.C for grant of bail in case No.VIII/04/DZU/2019 registered for the offences punishable under section 22(c) & 29 of NDPS Act which is pending for trial before learned Special Judge, ASJ, Patiala House Courts, New Delhi who has dismissed bail application under section 439 Cr.P.C. of petitioner vide order dated 16.10.2019 in case No.SC/335/19.

2. Case of NCB/prosecuting agency is that the aforesaid case was registered on the complaint on 19.01.2019 whereby stated that at around 14:30 pm, when NCB team reached House No.671, Sen Mohalla, Mahipalpur Bypass Road, New Delhi which is the Office of Apex Courier, Delhi. Upon questioning by NCB officials, the Manager of Apex Courier informed them about the parcel which contained certain medicines which had arrived from Agra and included Zolpidem and Alporazolam Tablets and the parcel was addressed to Mr. Ajay Mahipal, Delhi. The courier was received at the office of Apex Courier by its Manager, Mr.Om Prakash on 19.01.2019. The courier was collected by Lallan who was sent by Birpal. The investigating agency asked Lallan to open the parcel and ceased the medicine therein. In further course of action, the investigating agency detained the petitioner on 23.01.2019 for investigation and he was subsequently arrested on 25.01.2019. He remained in custody till 10.04.2019 and thereafter, he was released on interim bail which continued till 02.07.2019 on the ground of medical condition of his wife who met with an accident and also due to old age of his parents, who were around 76 (mother) and 80 (father) years old and suffering from heart ailments and various other age related ailments.

3. As per the case of prosecution, investigating agency raided the house of petitioner on 29.01.2019 but no contraband was recovered.

4. Learned counsel appearing on behalf of petitioner submits that petitioner cannot be said to be in the conscious possession of the contraband as recovery has been not made at the instance of petitioner and the investigating agency could not prove any direct case against petitioner.

5. In the present case, prosecution has fabricated the story wherein Dr.Brij Bhushan Bansal (co-accused) allegedly sent a parcel on 18.01.2019 through courier containing psychotropic medicines ALPRAZOLAM (5000) and ZOLPIDEM (50000) booked by said doctor from Agra through Gaurav Mehndiratta, co-accused and Satpal, consigner in the name of consignee Ajay Mahipal, Delhi. The consignment slip bearing No.20235315 for the said parcel from Agra with consigner name as Satpal (Agra) and consignee name as Ajay Mahipal, Delhi, had the delivery address of Apex Courier Delhi as 671, Sen Mohalla, Near Booster Pump, Mahipalpur, New Delhi.

6. Learned counsel appearing on behalf of petitioner submits that bare perusal of the receipt would prove the fraud played by NCB, as the said courier receipt has been generated from the Delhi office of courier company (Apex Courier) and not from Agra, from where said courier was allegedly booked. Petitioner was neither the consigner nor the consignee of said parcel. Alleged parcel was seized by NCB team on 19.01.2019 at about 03:50 pm at Apex Courier, New Delhi. Accordingly, notice was subsequently issued to petitioner on 23.01.2019 under section 67 of NDPS Act at about 08:30 am at his residence 432, Nilgiri Apartments, Alaknanda, New Delhi, to join investigation in connection with seizure of alleged parcel which was effected on 19.01.2019 at Apex Courier, Mahipalpur, Delhi. Shockingly, petitioner was shown as accused on 19.01.2019 itself (i.e. the day of alleged raid) at Serial No.1 of column 7. Petitioner was one of the Director of M/s S M Courier, having office at S M Plaza Building, Khasra No.1016/2, Opposite CISF Camp Gate, Bypass Road, Mahipalpur, Delhi. Subsequently, raids were conducted at:

a. S M Courier office at S