Point of law: NDPS Act – Rejection of bail - Purpose of enacting the NDPS Act was to curb this menace. This purpose must be kept in mind while considering the grant of bail in matter pertaining to the NDPS Act.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This is a petition under Section 439 CrPC for grant of regular bail in Sessions Case No. 46/2021 registered at Narcotics Control Bureau for offences under Sections 8, 20(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "NDPS Act").

2. The facts in brief leading to the bail application are as follows:

a) On 18.12.2020, a secret information was received that one Nepali national of small built wearing yellow coloured clothes will be coming near Gate No.1 Metro Station East of Kailash, New Delhi between 6:00-7:00 p.m. and that he might be carrying some narcotic drugs for the purpose of delivery to his client. The said information was reduced into writing.

b) After completing necessary formalities, a team was formed to intercept the said person who, according to the secret informer, was carrying narcotics. The team reached the place as informed by the secret informer. It is stated that the team tried to join independent witnesses but no one joined. When the team was waiting near Gate No.1 of the metro station it was observed that one person wearing yellow coloured sweat shirt whose description was matching with the secret information was carrying a black coloured shoulder bag. He met with another person wearing a black coloured jacket. The person who was wearing the yellow coloured sweatshirt handed over a small packet to the person who was wearing the black jacket and he gave some amount of cash to the person in yellow sweatshirt. At that point, both of them were apprehended by the NCB team and they were enquired about their identity, secret information and purpose of visit.

c) During preliminary inquiry it was disclosed by Madan Lama, the petitioner herein that he is a resident of Nepal and is currently staying in Sant Nagar, East of Kailash. The second person disclosed himself as Haresh Rawal S/o Rakesh Rawal, R/o Punjabi Bagh, New Delhi.

d) The petitioner accepted that he was carrying charas in his bag and he used to sell the same to his clients. Haresh Rawal accepted that he came to purchase charas and had handed over Rs.9,500/- to the petitioner. The petitioner had given him a packet containing charas.

e) The bag of the petitioner was opened and it was found that he was carrying charas in 46 small zip lock polythene packets and Rs.12,000/- was also recovered. One packet was found in possession of Haresh Rawal. Total 47 packets were recovered from both of them.

f) Out of 47 packets, 22 packets contained small disc circular shape substance, nine packets contained substance in small sticks shape and rest 16 packets contained substance in the shape of small stones. The substance of 22 packets was tested individually and was found positive for charas. The other packets which contained products of different shapes, colour and texture were also tested and all of them were found to be charas.

g) In all 47 packets 475 grams charas was recovered from the petitioner. Panchnama/seizure memo dated 18.12.2020 was prepared and complaint was registered as VIII/59/DZU/2020 and was filed before the Court of Special Judge, NDPS, Patiala House Courts, New Delhi.

h) The petitioner is in custody since 19.12.2020. The petitioner had filed bail application before learned Special Judge, NDPS, Patiala House Court which was rejected by order dated 09.03.2021. Against that order the petitioner has filed the instant bail application.

i) Notice was issued on the present bail application on 25.05.2021. Status Report has been filed.

3. Heard Mr. Rahul Dev Tyagi, learned counsel for the petitioner and Mr. Subhash Bansal, learned SPP for NCB and perused the material on record.

4. Mr. Rahul Dev Tyagi, learned counsel for the petitioner states that co-accused Haresh Rawal has been granted bail by order dated 03.06.2021 in BAIL APPLN.1177/2021. Learned counsel for the petitioner has taken this Court through various paragraphs of the said order and contended that the petitioner is entitled to bail on the gro