The main legal point established in the judgment is the interpretation and application of Section 37 of the NDPS Act in the context of granting bail, as well as the admissibility of evidence under the Indian Evidence Act, 1872.

JUDGMENT

Amit Sharma, J. The present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (`CrPC.) has been filed on behalf of the applicant seeking regular bail in case FIR No. 164/2020, registered at P.S. Crime Branch, for offences under sections 20, 25 and 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 case of the prosecution relevant for adjudication of the present application is as under:

i. On 30.10.2020, on receipt of secret information, SI Udai Veer intercepted two vehicles bearing registration no. OD10Q5768 and DL4CAE1815 at Basant Gaon, near Balmiki Mandir, Samshan Ghat, Delhi. It is further alleged that four persons namely Onkar Singh Gill @ Ricky, Tajender Singh, Paramjeet Singh and Panchu Goyal Debnath were apprehended. It is the case of the prosecution that during the search of vehicle bearing registration no. DL 4CAE 1815, 40 kg of ganja was recovered and on the search of vehicle bearing registration no. OD 10Q 5768, 100.100 kg of ganja was recovered. Thus, the total recovery in the present case was around 140 kg of ganja. Further, it is the case of the prosecution that the present applicant is the registered owner of vehicle bearing registration no. DL4CAE1815, from which 40 kg of ganja was recovered.

ii. It is alleged that the said vehicle was given by the applicant to accused Onkar Singh Gill @ Ricky, who is the relative (brother-in-law) of the former. It is the case of the prosecution that the applicant had given the car to Onkar Singh Gill @ Ricky with knowledge and intention that the car will be used for transportation of ganja and he also took commission of Rs.10,000/-for the getting the car registered in his name.

iii. It is further alleged that as per the documents seized, co-accused Paramjeet Singh is the witness in purchasing the aforesaid vehicle by the applicant and therefore the same proves that he had knowledge that the car would be used in the transportation of the said contraband.

3. After completion of the investigation, chargesheet against the accused persons has been filed, including the present applicant, under section 20, 25 and 29 of the NDPS Act.

4. As per the status report dated 09.03.2022, authored by Assistant Commissioner of Police, SR/Crime Branch, New Delhi, the present application for bail is opposed on the following grounds:

"A. The petitioner is part of the syndicate dealing in supply of illegal contraband and knowingly has participated in the commission of the heinous crime.

B. The petitioner being owner has provided his car bearing NO.DL-4CAE1815 for procuring and supply of illegal contraband.

C. The co-accused namely Paramjeet is an attesting witness on the car purchasing document by the petitioner and he is the brother of another coaccused Omkar Singh Gill, who is the Jija of the petitioner and all of them knowingly and intently have committed the present crime.

D. The total recovery is of 100.100 kgs of Ganja and out of the said quantity, 40 kgs of Ganja was recovered from the Car owned by the petitioner.

E. The petitioner along with other accused persons have been charge-sheeted for the offences punishable under sections 20/25/29 of the NDPS Act.

F. The recovery being commercial in nature, the bar under Section 37 of the NDPS Act would have a strong bearing in the present case.

G. The provisions of the NDPS Act have been duly complied with in the present case.

H. The mobile numbers mentioned in delivery receipt of car Toyota Corola Regd. NO DL 4CAE 1815 used in transportation of Ganja are related to accused Paramjeet Singh and applicant accused Chand Mehra and both are constant touch with each other in the month of October.

I. The petitioner may tamper with evidence and may abscond if granted any relief."

5. Learned counsel appearing on behal