The main legal point established in the judgment is that an undertrial accused, charged with offences under the NDPS Act, is entitled to bail if they have been in custody for a period not less than half the punishment provided for the offence, as per the Supreme Court's directions in Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) v. Union of India.

JUDGMENT

Subramonium Prasad, J. - The petitioner seeks regular bail in SC No. 7369/16 (old SC No. 47A/12 of 2012) registered by the Directorate of Revenue Intelligence (hereinafter, "DRI") for offences punishable under Sections 9A, 21, 23, 25A of the Narcotics Drugs and Psychotropic Substances Act, 1985 ("hereinafter, "NDPS Act").

2. Facts, in brief, leading to the present petition are as follows:

a) Intelligence was received that a Delhi-based syndicate was engaged in drug trafficking by way of concealment in export consignments, and that one export consignment containing contraband drug was lying at Air Cargo Complex, New Delhi, and was scheduled to be exported on 18.07.2012 to Khairoi Nizam Hasim Panang, Malaysia, under AWB No. 618-28211901 dated 16.07.2012 in the name of M/s. Sagar Impex. The intelligence further indicated that the contraband goods were concealed in various handicraft items like ladies? purse, Heena powder, imitation jewellery etc.

b) On examination, eight corrugated boxes were found in three pallets. 24 boxes found were removed from the pallets and on weighment, huge variation was noticed in the weights of other cartons and cartons bearing nos. 18-21. Each carton was found to contain 38 cloth bags with each weighing 1.02 kgs and having the markings of Neha Rachni Mehendi. On opening these bags, a white colour crystal powder, which appeared to be ketamine, was found inside carton nos. 19, 20 and 21. The net weight of powder in 38 bags of box no. 19 was found to be 37.980 kgs, in 38 bags of box no. 20 was found to be 38.000 kgs, and in 38 bags in box no. 21 was found to be 38.000 kgs. Therefore, the total net weight of white crystal power found was 151.980 kgs.

c) In absence of any licence or transport authority, the recovered white crystal powder weighing 151.980 kgs was seized under the NDPS Act with all its packing material and other goods used for concealment of the ketamine. Representative samples in triplicate of 10 grams each from the seized ketamine were drawn. The goods received from the other 20 corrugated boxes were repacked in their original packing and were sealed in a manner that the goods could not be removed without breaking/tampering the seal. The packing material was also sealed.

d) Consequent to the recovery, search was conducted at the premises of the alleged syndicate on 19.07.2012, and statements of Paramjit Singh Gulati and the Petitioner herein were recorded on 19.07.2012 and 20.07.2012, respectively under Section 67 NDPS Act.

e) In his statement under Section 67 NDPS Act, Paramjit Singh Gulati stated that he worked as a hawala operator between Delhi and Jallandhar. He stated that he was introduced to one Vicky by an insurance agent Puneet, who offered him a deal to send him ketamine from Delhi to Canada through air cargo. It is stated that Gulati accepted the offer and contacted his old friend, Goldy, for forwarding and Customs clearance. It is stated that Goldy introduced him to the Petitioner herein who is a Customs House Agent (CHA). It is stated that the Petitioner herein agreed to be a part of the deal and it was decided that the contraband would be, provided by Paramjit to the Petitioner herein at his house and after packing the same, it was to be exported. It is stated that the export documents were to be provided by the Petitioner herein, and for his assistance, the Petitioner herein was paid a sum of Rs.3,00,000/- per consignment. He further stated that he had two godowns one at G-41 (Basement) Bali Nagar, New Delhi - 110015 and the other at Khasra No. 755/2/1 Mundka Village, Delhi-110141. He stated that he used his Mundka godown for storage of solvents like rosewater, butane and ethyl acetate, and contraband substanceS like ketamine. He further stated that he used to dissolve ketamine in solvents like rosewater, butanol and ethyl acetate so that a homogenous solution of ketamine with these solvents could be prepared and exported without being caught by Government authorities like