The need for substantial probable causes for believing that the accused is not guilty of the alleged offence and the deleterious impact of narcotic drugs on society.

JUDGMENT

Subramonium Prasad, J. - The present petition is filed under Section 439 Cr.P.C. seeking regular bail in FIR No.311/2019 dated 16.10.2019 registered at Police Station Crime Branch, Shakarpur for offences under Section 20, 29 of the NDPS act.

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

i. Information was received at 8:30 aM on 16.10.2019, from a special informer to SI arvind Kumar that one Chhering @Charang R/o Jari, Himachal Pradesh was sending a large quantity of Charas from Malana and that the substance would be handed over to one Ranjan at the Bus Stop at Vande MataramMarg, New Delhi.

ii. The said information was recorded in writing and was produced before Inspector Shiv Darshan, along with the secret informer. In turn, this was communicated telephonically to aCP arvind Kumar, who gave permission to conduct raid and apprehend persons involved. The said information was recorded by SI arvind Kumar vide DD No.5 at 9:00 aM and a raiding team headed by SI arvind Kumar consisting of H/C Ramdas, H/C Lal Bahadur, Constable Kapil Nagar was formed and left for the site at 9:30 aM in a private car bearing registration No.UP-16-aK-0244 and driven by Constable Devender. On the way, the team stopped at ITO and requested 5-6 people to join the raiding team, but could not get any civilian for proceeding with the raid.

iii. after reaching the spot, the police team took their position near the bus stop and SI arvind Kumar was in the car alongwith Constable Devender. at 10:40 aM, one boy with a black coloured bag in his hand was seen near the bus stand, near the roundabout of Shankar Road and was identified as Suraj by the secret informer and within a few minutes, a Skoda car bearing registration No. HR-26-Ea-4171 was seen approaching from Dhaula Kuan towards the Bus Stand and stopped there. The occupant of the car signalled the man with the black bag i.e. Suraj to sit inside the car. after a few moments, the SI and the team gheraoed the car. SI arvind Kumar introduced himself and told them the information regarding possession and sale of Charas by them. It is stated that the accused were identified as Suraj S/o Chhering @Charang R/o H.No.127, Ward No.7, Sishamati Kullu, Himachal Pradesh and the ptitioenr herein, Priyaranjan Sharma S/o Madan Mohan Sharma R/o Extn. Road No.1, Rajbanshi Nagar, Patna, Bihar. It is stated that the SI arvind Kumar intimated them that he had to search them to see if they possessed illegal contraband and informed them their right to deny search by the SI arvind Kumar and be searched in the presence of a Magistrate or Gazetted Officer. a formal notice under Section 50 of the NDPS act was served on the petitioner and co-accused Suraj intimating to them their legal rights. It is stated that the petitioner and co-accused refused to be frisked before a Gazetted Officer. It is stated that the SI attempted to gather passersby to join the search proceedings, but could not convince the bystanders.

iv. It is stated that the searches were conducted in the presence of SI arvind Kumar. Both, the petitioner herein and co-accused Suraj were searched and checked. In the possession of the co-accused Suraj, a black bag having three compartments was recovered wherein two bundles of a sticky and smelly black substance was found wrapped in plastic and covered by Khaki cloth. The substance was taken out of the wrapping from the bag and a small sample was weighed and tested. It is stated that after testing, it was confirmed that the substance was Charas. The substance was marked and 25/25 gms. from each bundle were separated for sending it to a chemical laboratory/FSL for testing and the rest of the substance was seized by preparing seizure memos.

v. It is stated that the petitioner herein was checked thereafter and no substance was found in his possession and a separate recovery memo was prepared in respect of the petitioner. The petitioner and co-accused Suraj were taken in custody. The Skoda car bearing No. HR