The main legal point established in the judgment is the stringent conditions for granting bail under the NDPS act, specifically under Section 37, which require reasonable grounds to believe that the accused is not guilty of the offence and is not likely to commit a similar offence while on bail.

JUDGMENT

Chandra Dhari Singh, J. - The present application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for seeking regular bail in FIR bearing No. 27/2019 under Sections 15, 61 and 85 of the Narcotic Drugs and Psychotropic Substances act, 1985 (hereinafter referred to as the 'NDPS act') registered at Police Station Wazirabad, Delhi.

2. The factual matrix in the instant case, as submitted by the prosecution, is as under:

a. On 5th February 2019, Ct. Robin Malik along with Ct. Kamaljit and Ct. Naushad was on patrolling duty in Wazirabad and at around 6 p.m. while they were near Sangam Vihar roundabout, two persons on a Splendor motorcycle bearing no. DL 8SVL 8959 of black and silver colour were seen with one blackish-grey plastic bag placed in between them, coming from the side of Jagatpur village. The two individuals upon sighting the police party tried to escape by taking a U-turn and were intercepted by the police officials and asked to show the contents of the plastic katta.

b. The katta was in a sealed condition which upon being torn was found to contain poppy husk. The person driving the motorcycle was identified to be Sunny Sharma and the pillion rider was Vijay Kumar. Information of the chance recovery was transmitted to the Police Station, upon which police team arrived at the spot.

c. The accused were informed of their rights, and the recovered katta was found to weigh 25 kgs, samples were drawn, and the two accused from whose possession intermediate quantity of poppy husk was recovered were arrested.

d. In the course of investigation, the two accused apprehended with the poppy husk, in custody, made disclosure naming the accused-applicant as the source of the contraband and divulged details of the godown situated at Khasra No 1001, Gail No 26, Village Jagatpur, Delhi where the poppy straw was stored by the supplier.

e. In pursuance thereto one raiding team including the SHO, reached at the disclosed address, where two rooms were found locked which were broken open and from one room one weighing machine, one grinding machine, were taken into police possession and from the other room 975.5 Kilograms of Poppy straw was seized which was found lying on the ground and was filled into 39 plastic gunny bags of 25kgs each, samples were drawn and sent to FSL.

f. after investigation of the case, Final Report was submitted in the Hon'ble Court against accused Vijay Kumar and Sunny Sharma. Supplementary chargesheet dated 25th September 2019 was filed in the Court with the FSL Report as well as the statement of the owner of the premises from where commercial quantity of contraband was recovered.

g. as per the statement of Chander Deep, Jyoti being the wife of Vikas had befriended his wife, and were living in the same locality for past two years. Jyoti had asked his wife for taking the premises in question on rent as her husband was in the masala business and needed some place to set up a grinding machine. Due to past acquaintance, he had agreed, and the premises were let out on 1st February 2019 for a monthly rent of Rs.5000/- and that he had to go out of station being a driver by profession due to which the rent agreement had not yet been drawn up.

h. During the course of investigation, the accused Vikas Kumar S/o Sh Ramesh Kumar R/o Village Mubarikhpur, Ward No 9, Tehsil Farrukhnagar, Distt Gurugram, Haryana was declared proclaimed offender in the present case on 7th June 2019. Subsequently, on 20th March 2021, the applicant surrendered in the Hon'ble Court and was arrested after taking necessary permission from the Hon'ble Court.

i. after investigation, supplementary charge sheet qua the applicant Vikas Kumar under Section 15/29 of the NDPS act & Section 174a of the IPC was filed in the concerned Court. On 15th December 2021, charge under Section 15 (b)/15 (c) & 29 of NDPS act has been framed against the applicant from the Hon'ble Court of Special Judge, NDP