JUDGMENT

Anu Malhotra, J. The applicants, Ebera Nwanaforo (applicant of Bail Appln. No. 3705/2020) and Frank Vitus (applicant of Bail Appln. No. 4187/2020) seek the grant of bail in SC No. 9148/2016 submitting to the effect that they have been incarcerated since 21.5.2014 when they were arrested at the Main Road, Mahipalpur, Delhi by the NCB officials in front of Hotel International Inn and a case was registered under Sections 8, 22, 23 & 29 of the NDPS Act, 1985 against them. The applicants submit that they have clean antecedents and have never been involved in any criminal case of any nature and are respectable persons.

2. It is further submitted by the applicants that on 21.5.2014, some samples were allegedly recovered from a black coloured bag with the marking `DELL' which was carried by the co-accused Eric Jayden and no such contraband material was recovered from the applicants at the time of their arrest and that they were arrested on the statement under Section 67 of the NDPS Act, 1985 of the co-accused Eric Jayden from whom the said black colour bag with the marking "DELL" was recovered from which the contraband material was recovered. The applicants further submit that there is no document that the prosecution has put forth on the record to show that the black coloured bag with the marking `DELL' which was carried by the co-accused Eric Jayden from which the 1.900 Kgs of contraband material was recovered belonged to the applicants and the applicants reiterate that they have no concern or connection with the material recovered. The applicants further submit that they have been incarcerated for more than 8 years now.

3. The applicants submit that as per the status report dated 9.1.2021 submitted by the NCB in Bail Appln. No. 3705/2020 till the said date, out of the cited 34 witnesses as per the complaint, 12 witnesses had been examined and whereas as per the submission of the status report dated 10.3.2021 in Bail Appln. No. 4187/2020, 13 witnesses had been examined. Both the applicants have submitted that none of the witnesses examined so far have testified in relation to any recovery of any contraband from their possession.

4. It is submitted on behalf of the applicants that as per the complaint submitted by the NCB itself there was no averment in relation to any specific recovery of any contraband from the applicant Ebera Nwanaforo (applicant of Bail Appln. No. 3705/2020) and that even in relation to the alleged recovery of two blue coloured drums containing a liquid substance from the ground floor of the RZG-50-51, G Block, Raj Nagar Part-II, Palam Colony 559/4 New Delhi which had been allegedly rented out to the accused Frank Vitus (applicant of Bail Appln. No. 4187/2020) which was alleged to contain Phenyl-2- Propane, the CRCL report received as per the complaint itself opined that the said samples were not found positive for Phenyl-2-Propanone and are found positive for cellulose and calcium carbonate.

5. It is also submitted by the applicants that the alleged recovery 1.450 Kgs of Methamphatemine from the search of the room No. 402, 4th Floor of H. No. 4/74-A, 402, Bengali Colony, Mahavir Enclave, New Delhi, was recovered from the co-accused Christian Chukwuma and not from the applicants. The applicants submit that even for the invocation of Section 29 of the NDPS Act, 1985 there needs to be some direct evidence or circumstances which show more than prima facie that there was a conspiracy between two persons. The applicants place reliance on the verdicts of the Hon'ble Supreme Court in Sujit Tiwari V. State of Gujarat & Anr., dated 28.01.2020 in Criminal Appeal No. 1897/2019 and SLP (Criminal) 3478/2019 and Ranjit Singh Brahamjit Singh Sharma V. State of Maharashtra, 2005 AIR SCW 2215 which relates to the provisions of Section 21(4) of the MCOCA, 1999, submitting to the effect that the said provision is in pari materia with the provisions of Section 27 of the NDPS Act, 1985, wherein the Hon'ble Supreme Court h