The main legal point established in the judgment is the requirement of reasonable grounds for believing that the accused is not guilty of the alleged offence, as emphasized under Section 37 of the NDPS Act.

JUDGMENT :

(Rajnish Bhatnagar, J.) :—

1. This is a petition filed by the petitioner under Section 439 Cr. P.C. seeking regular bail in case FIR No. 781/2021 under Sections 21, 25 and 29 NDPS Act registered at Police Station Bhalswa Dairy, Delhi.

2. In brief the facts of the case are that on 08.11.2021 at about 5:00 pm, a secret information was received by SI Dilbag about a person, namely, Arshad Ali who in association with Asif Kasai and Bhure r/o Fateh ganj Bareilly, UP was indulging in sale and supply of Heroin in Delhi and UP and they were coming to deliver a consignment of Heroin near Bhalswa Lake, Delhi in Taxi No. UP-25-DT-5525 between 9:00 pm to 11:00 pm. The raiding party left for the spot vide DD No. 6 at 7:30 pm along with informer in a private vehicle No. DL-8C-AZ-7412 driven by Ct. Arun. At about 10:10 pm, a white colored taxi car No. UP-25DT-5525 was intercepted. The persons sitting in the car were identified as Arshad Ali, Taslim (petitioner herein) and Arshad Khan/driver. During cursory search of Arshad Ali, a black colored raxin bag was recovered and the said bag was found containing a black colored polythene packet. The black colored polythene packet further contained a transparent polythene packet duly tied with rubber band and on opening the transparent packet, it was found containing light brown colored powdery substance. On checking and weighing, the transparent polythene packet was found containing 1 kg of HEROIN. Samples were drawn from the seized contraband and all the mandatory provisions of NDPS Act were duly complied with. After following due procedure, the case vide FIR No. 781/2021 under Sections 21, 25 and 29 NDPS Act was got registered at Police Station Bhalswa Dairy, Delhi.

3. I have heard the learned counsel for the petitioner, learned APP for the State and perused the status report filed by the state.

4. It is submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in this case and is in judicial custody since 09.11.2021. It is further submitted that the petitioner is a barber by profession, and he was being taken by the co-accused Arshad Ali for hair cutting to some marriage ceremony when he got caught along with the co-accused. He submitted that he was only a companion in the vehicle which was driven by co-accused Arshad Khan and no recovery has been effected from the petitioner and the chargesheet has already been filed, therefore, no purpose will be served by keeping the petitioner in judicial custody.

5. On the other hand, learned APP vehemently opposed the bail application and has argued on the lines of the status report. It is submitted by the Ld. APP that the petitioner was sitting in the car when the recovered contraband i.e., 1 kg heroin which is commercial quantity was recovered from the co-accused. He further submitted that even the CDR shows that co-accused from whom the recovery has been effected was present along with the petitioner at the same location. He further submitted that all the three accused persons including the petitioner herein were apprehended from the same spot while carrying the recovered contraband and petitioner was sitting on rear seat of the car. It is contended by the Ld. APP that the petitioner and co-accused Arshad Ali are residents of the same locality of Bareilly, UP and were in connivance with each other in commission of the offence and the petitioner was being paid by the co-accused Arshad Ali for accompanying him for the delivery of the said contraband. Lastly, it is submitted by the Ld. APP that keeping in view the recovery of commercial quantity and the serious allegations against the petitioner, there is strong likelihood of him absconding if released on bail.

6. In the present case, a black colored raxin bag was recovered from co-accused Arshad Ali and inside the bag was another black colored polythene packet in which a transparent polythene packet duly tied with rubber band was found containing 1 kg of Heroi