The stringent conditions for granting bail under the NDPS Act require substantial probable causes to believe that the accused is not guilty of the alleged offence.

JUDGMENT

Subramonium Prasad, J. - This is an application under Section 439 of the Code of Criminal Procedure (hereinafter referred to as "the Code") seeking regular bail in FIR No.140/2018 dated 26.05.2018, registered at Police Station Crime Branch, Delhi for offences under Sections 20, 25, 29 of NDPS Act.

2. The petitioner is in custody from 26.05.2018. The Charge-sheet has been filed. A perusal of the charge-sheet shows that on 26.05.2018, at about 5:30 P.M information was received by ASI Ramdev that one person namely, Mohammad Tahir @ Sajjan, resident of Kannauj, Uttar Pradesh, will bring ganja in his Truck No. UP 74T 4877 to supply the same to his customer namely Amit at Sanjay Gandhi Transport Nagar near CNG Pump between 10.00 A.M to 11.00 A.M. Acting on the information, the Police reached the spot at about 9 A.M. It is stated in the Charge-sheet that the raiding party asked the people standing near the place as to whether they would be willing to be part of the raiding party but none of them was prepared to be a part of the raiding party. The raiding party found the truck bearing No. UP 74T 4877 near the CNG Pump, Lower G.T.K. Road, Sanjay Gandhi Transport Nagar, Delhi. Since no one was found inside the truck the Police team waited. It is stated in the charge-sheet that at about 10:25 A.M two persons coming from Transport Nagar reached near the truck and after sitting in the truck when they were about to go, they were apprehended by the raiding party. The petitioner and Mr. Amit Kumar revealed themselves by giving their names.

3. Notice under Section 50 of the NDPS Act was served on the petitioner and the co-accused and they were informed about their rights to be examined before a Gazetted Officer or Magistrate. The search was conducted and 175 Kg ganja was recovered from their truck. The material was measured and sealed in separate packets and the petitioner was arrested.

4. The FIR was registered at about 5:30 P.M. Seizure Memo was prepared and samples were sent to the FSL. A disclosure statement was obtained from the petitioner wherein the petitioner confessed that he was carrying ganja from Orissa which was purchased from two persons namely, Neeru and Babli and the ganja seized in the raid was to be supplied to Mr. Amit Kumar and Mr. Nafroz Khan.

5. A perusal of the record also shows that the petitioner has already filed two bail applications which were dismissed on 22.03.2019 and 24.12.2020.

6. Heard Mr.Salim Malik, learned counsel appearing for the petitioner and Ms. Kusum Dhalla, learned APP appearing for the State.

7. Mr.Salim Malik, learned counsel for the petitioner says that a perusal of the personal search memo shows that the mobile phone of the petitioner had been seized but the Police did not take the call detail records of the mobile phone of the petitioner. He states that the call detail records of the petitioner would have shown whether the petitioner was coming from Orissa, whether he had contacted the persons from whom the ganja was purchased and whether he has contacted the person to whom the ganja was supplied. He would say that in the absence of call detail records the petitioner cannot be linked with the offence. He further states that a perusal of the charge-sheet would show that the petitioner was apprehended in the morning at 10 A.M and the arrest has been shown late in the evening. He says that in absence of any videography of the event or in the absence of any public witness it cannot be said that it was the petitioner who was driving the truck, and therefore the entire arrest and the story of the prosecution that it was the petitioner who was bringing the goods from Orissa falls to ground. He also states that the co-accused namely, Javed Siddique and NarottamPradhan have already enlarged on bail.

8. On the other hand, Ms. Kusum Dhalla, learned APP appearing for the State would state that the petitioner was apprehended from the spot by the Police officers and a huge quantity of 175 Kg of ganja has bee