Points of law : Grant or rejection of bail under the NDPS Act is governed by Section 37 of the Act. Under Section 37 of the Act, the court before granting bail has to be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offences and is not likely to commit any offence while on bail. Both the requirements are conjoint.

JUDGMENT :

1. The petitioner seeks bail under Section 439 Cr.P.C in FIR No. 161/2020 dated 22.06.2020 registered at Special Cell for offences under Sections 21, 29, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. The brief facts leading to the present case are as follows :-

(a) On receipt of information, some mobile numbers were put on surveillance after obtaining requisite permissions. On 22.06.2020, Office of Special Cell, NR, Rohini was given a tip about supply of heroin by one Md Samiual @ Raj and Md Mukhtiyar, residents of West Bengal that they were bringing heroin from Manipur to Delhi. It was also informed that they would be supplying heroin at Nigam Bodh Ghat on Ring Road towards ISBT Kashmiri Gate and they would be in a pick-up vehicle bearing No.WB-73B-4972 between 11:00 AM to 1:00 PM.

(b) Information was received by SI Raj Singh and he informed Inspector Puran Pant about the said information, and the informer was produced before him. After making further enquiries, the informer was produced before Sh. Jasbir Singh, ACP, Special Cell, NR and SI Raj Singh was authorized to lead the raiding party and intercept the vehicle.

(c) Members of public were asked to join the raid party, but no member of the public was agreed to do so. SI Raj Singh, along with the raiding party, reached opposite Nigam Bodh Ghat on Ring Road towards ISBT Kashmiri Gate at about 11:00 AM.

(d) At about 11:30 AM one Mahindra pick-up van bearing No.WB 73B 4972 was spotted coming from Yamuna Bazar flyover. The said vehicle was stopped. Two people de-boarded the vehicle. SI Raj Singh, with the help of the raiding party, overpowered both of them, namely, Md Samiul @ Raj and Md Mukhtiyar.

(e) After serving notices under Section 50 of the NDPS Act, search of their bags was carried out. The search was done in front of ACP, Special Cell, NR and five kilogram of heroin was recovered from the black colour bag pack carried by Md Samiul @ Raj and five kilogram of heroin was recovered from the black colour backpack carried by Md Mukhtiyar. Body search was also conducted, but nothing incriminating was found. Case was registered by SI Raj Singh, Rakesh Kumar and subsequent investigation was conducted by SI Rakesh Kumar.

(f) During investigation, both the accused persons, namely, Md Samiul @ Raj and Md Mukhtiyar were informed about the grounds of their arrest. They were subjected to sustained investigation and they revealed that they were part of the narcotics syndicate and both of them revealed that they work for one Manju Didi, who is a resident of Manipur, and the recovered heroin was taken from her. It was stated that the heroin recovered is crude heroin and one process remains. It was also stated that they are working in trade of heroin for the last 1-1/2 years with Manju Didi and they have supplied heroin to Sultan @ Abul Kalam i.e. the petitioner herein, and one Islam. They also said that they could help in apprehending Manju Didi, Sultan@ Abul Kalam i.e. the petitioner herein and other associates.

(g) After monitoring the interception, it was revealed that all the accused persons were communicating with their associates in code words. The accused persons were confronted with the CDRs of their mobile numbers and of their associates. SI Rakesh Kumar along with his team departed from Delhi on 24.06.2020 at about 11:00 AM and reached Malda, West Bengal for apprehending the petitioner after taking permission from the ACP to take necessary action.

(h) On 27.06.2020, Md Samiul @ Raj was made to call the petitioner from his mobile number 7479321127 to 8001681987 about the supply of 4 kgs of heroin.

(i) On 28.06.2020 at about 11:00 AM, the petitioner was identified by Md Samiul @ Raj and raid was conducted. The petitioner herein was served notice under Section 50 of the NDPS Act. However, on search, no drugs were recovered from his possession. The petitioner was arrested at about 1:00 PM. After informing him the grounds of his arrest, the p