Non-compliance of Section 42(1) & (2) of the NDPS Act and the impact of prolonged incarceration on the right to speedy trial.

JUDGMENT

Amit Sharma J. The present application under Section 439 of the Code of Criminal Procedure, 1973 (`CrPC.) has been filed on behalf of the applicant seeking regular bail in case FIR No. 47/2015 dated 20.07.2015, registered at P.S. Special Cell, for offences under sections 21and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (`NDPS Act.), pending before the Court of Sh. Ajay Kumar Jain, learned Additional Sessions Judge/Special Judge (NDPS), New Delhi District, Patiala House Court, Delhi.

2. Briefly stated, the prosecution case relevant for adjudication of the present application is as under:

i. Few mobile numbers, including 8743961588, 9899235750, 8527579437, 8860520507 and 8130524778, were under interception by the Special Cell of Delhi Police. During monitoring of the interception, it was discovered that few persons, who were later identified as Ashok, Subhash Jaiswal, Asif Ali (present applicant), etc., were allegedly involved in illegal procurement and supply of drugs, including heroin, from Bareilley, Uttar Pradesh, to various parts of Delhi.

ii. During monitoring of the aforesaid interception, it was found that on 16.07.2015, an alleged supplier of heroin had delivered a consignment of the said substance to one Ashok and Asif Ali, the present applicant, near Madhuban Chowk, Delhi. Subsequently, their Cell IDs were also found to be in the said area. Thereafter, based on a secret information received on 20.07.2015, a raid was conducted by a team of Special Cell of the Delhi Police near Madhuban Chowk, where Ashok met with one Subhash Jaiswal, who handed over a white colour polythene bag to the former. Both of them were apprehended by the police and were informed that they have been apprehended on the basis of information regarding their involvement in supply of heroin.

iii. Both Ashok and Subhash Jaiswal were searched. A white color polythene bag was recovered from the right hand of Ashok. The said bag was containing a pink coloured powder, which upon being tested with a field testing kit was found to be heroin. The said bag weighed 500 grams, out of which 2 samples of 5 grams each were drawn. The remaining contents of the bag were sealed in a separate parcel. No incriminating substances were recovered from the personal search of Subhash Jaiswal. Upon a search of his scooty, two transparent polythene packets were recovered from the bunk of his scooty with one of them containing a pink coloured powder and the other containing a matiala colored powder. Both the said powders were tested with a field-testing kit. The former tested positive for heroin and the latter tested negative for heroin. Upon enquiry, Subhash Jaiswal revealed that the matiala coloured powder is a chemical which is mixed with heroin, however, he was unaware of its exact name. Both the said packets weighed 500 grams each, out of which 2 samples of 5 grams each were drawn. The remaining contents of the bag were sealed in a separate parcel.

iv. It is further alleged that upon interrogation, Ashok admitted that the substance recovered from him was heroin and that he works as a carrier for Asif Ali (the applicant). It was further informed by him that he used to communicate with Subhash Jaiswal on his mobile phone, bearing number 7409355035 and 7669410715, through his own mobile number 8802374462. Thereafter, he was formally arrested and one mobile phone, bearing mobile number 8802374462 was recovered from him.

v. During interrogation, Subhash Jaiswal allegedly admitted to the recovery of narcotic substances from his scooty, bearing licence number DL 8S BL 6118, and to supplying heroin to Ashok. He further admitted that he has been supplying heroin for almost 20 years and he has been involved in numerous cases of a similar nature. It was informed by him that all the communications regarding supply of heroin were made through his mobile number 7409355035 and 7669410715. Pursuant to the said disclosure, one mobile phone, bearing SIM number 7409