The court balanced the liberty of the accused with the interest of society, emphasizing the potential lethal impact of drug-related activities and the incomplete nature of the evidence.

JUDGMENT

Rajnish Bhatnagar, J. - The present bail application has been filed by the petitioner under Section 439 Cr.P.C. read with Section 37 of the NDPS act seeking regular bail in complaint case No. 34/06/2012-DZU under Section 25a, 29 of the NDPS act registered by the respondent (DRI).

2. Briefly stated, the facts of the case are that on 21.05.2013, a specific intelligence was received by the DRI officers that (1) Kiran Bhandari of Mumbai, Maharashtra, (2) Rajesh Sharma (co-accused), (3) Surender Kumar Verma (co-accused) and (4) Somnath Pal (present petitioner) were engaged in trafficking of contraband psychotropic substance i.e. Ketamine, Ephedrine, and Methaqulaone etc. and premises situated at 35/15, G.T Karnal Road, Industrial area, Phase-B, Near Telephone Exchange, Derawal-Model Town, Gurudwara, Delhi is being used by this syndicate for storage purpose. Specific inputs were received that some deal regarding a drug consignment is likely to be carried out in one Honda City car bearing registration No. DL-4C-NC-5873 near Tagore Market, Kirti Nagar, New Delhi at around 10.00 PM on 23.05.2015.

3. The said information was received into writing by Sh. Rajender Verma, IO, DRI and submitted the same to Sh. Rajesh Dabral, appraiser, DRI DZU, New Delhi and Rajesh Dabral, appraiser submitted the same to Sh. D.P. Mishra, Deputy Director, who directed the SIO / appraiser to take necessary action. Thereafter, Sh. Rajesh Dabral, appraiser directed Sh. Rajender Verma, to form a team and take immediate necessary action.

4. accordingly, a team of DRI officers reached the above spot at Tagore Market, Kirti Nagar, alognwith two public witnesses namely Jitender Godwara and Devender Singh Bhati, where they noticed the above car bearing No DL-4C-NC-5873 parked in the parking area near the Federal Bank with a person sitting in the said car on the driving seat. after sometime, one person reached there and sat on the front passenger seat of the above car. It is further the case of the prosecution that at that point, DRI officers intercepted the above car and persons sitting inside and the identity of the person sitting on the driver seat of the car was revealed as Surender Kumar (co-accused) and of the other person as Rajesh Sharma (co-accused) were apprehended from the car. a Notice Under Section 50 of the NDPS act was served to both the accused persons. However, upon enquiry and search, nothing incriminating was recovered from the possession of the accused persons nor from the car.

5. During the course of enquiry, co-accused Surender Verma has disclosed that that he has a godown located at 35/5, G.T Karnal Road, Industrial area, Phase-B, Near Telephone Exchange, Derawal, Model Town Gurudwara, Delhi, where he alongwith the petitioner was secretly keeping psychotropic substances received from the co-accused Rajesh Sharma and others.

6. It is further the case of the prosecution that vide authorization dated 23.05.2013, Sh. S K Nath, SIO DRI has authorized Sh. Devender Singh (IO) to search the premise of the petitioner i.e. BF-35, Shalimar Bagh (E), Delhi. In pursuance of the said authorization, Sh. Devender Singh called two witnesses namely Deepak Kumar and amar Singh and searched the premise bearing No. BF-35, Shalimar Bagh. During the course of search of the said premises a number of incriminating documents were recovered and Indian currency amounting to Rs. 8,40,000/- was also recovered which were seized under the provisions of NDPS act. One Volkswagen car bearing registration No. DL-3C-BW-1245 and one Wagon R car bearing registration No. DL-6C-K-3275 were also seized which were used for transportation of the narcotic substance.

7. Further, in pursuance of the authorization dated 23.05.2013, Shri R.K. Sharma, Intelligence Officer conducted the search on 23/24.05.2013 at Ground Floor, B 35/5, G.T Karnal Road, Industrial area, Shakti Nagar, Delhi in the presence of two independent witnesses and Shri Vikram Singh, care taker of the said premises. Dur