The court considered the period of incarceration and the recovery of commercial quantity of narcotics in granting bail to the petitioner.

ORDER

Rajnish Bhatnagar, J.

1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case bearing Crime No. 058/DZU/2018 under Sections 8/21/22/27A/29 NDPS.

2. In brief the facts of the case are that on 22.02.2018, a secret information was received by IO Pradeep Singh that one lady, namely, Sonia Shamrao Naik Gaonkar was travelling in seat no. 41, Bogey (Coach) No. A- 4 in Train No. 12954-August Kranti Rajdhani departing from Hazrat Nizamuddin Railway Station to Mumbai and she was carrying Narcotics drug in her travel bag. Based on secret information, Sonia Naik was intercepted by NCB Team at Hazrat Nizamuddin Railway Station on 22.02.2018 when she arrived near Bogey No. A-4 of August Kranti Rajdhani Express Train destined for Mumbai. The independent witnesses were joined and upon asking Sonia Naik, she showed her e-ticket, Aadhar Card and revealed her identity. During search of her maroon-coloured travel bag, it was found containing some clothes and one packet of grey coloured baby carrier which on further examination was found to contain two more packets of substance detected as Methamphetamine and the total weight of said contraband was found to be 600 grams.

3. Accused Sonia Naik tendered her voluntary statement under Section 67 NDPS Act, wherein, she revealed that she came in touch with one Nigerian person, namely, Cosmos and through him she met his friend Oba at Delhi and subsequently, she started residing with Oba at Uttam Nagar. She disclosed that on 19.2.2018, she came to Delhi and Oba took her to the house of present petitioner, namely, Charles Ezih @ Papa where she met another person, namely, Henry Moses. She disclosed that at the house of the petitioner, she was given the said bag of contraband and was asked to carry it to Mumbai by train. Upon disclosure by Sonia Naik of the address of Charles Ezih @ Papa at WZ-92-B, Sant Garh, Tilak Nagar, Delhi, the NCB Team reached the said premises, where Charles Ezih (petitioner herein) was found. During search of the premises in presence of independent witnesses, 180 grams Cocaine was recovered from the house search of Charles Ezih @ Papa. The same was seized vide Panchnama dated 23.02.2018.

4. During investigation, the petitioner revealed that the contraband concealed in baby Carrier and the Cocaine recovered from his House, both were provided to him by Henry Moses and he further led the NCB Team to his House at Plot No. 57 & 58, Flat No. 5, 1st Floor, Bhagwati Garden, Uttam Nagar, Delhi. After reaching Henry Moses's house, it was found that he had tried to flee from the building and was lying on ground at the backside. Thereafter, he was taken to Hospital for medical help and further search was conducted at Henry's House from where similar baby carrier packets were found as had been seized at the railway station from Sonia Naik's baggage. Accordingly, consequent to the recovery, the petitioner, namely, Charles Ezih @ Papa was arrested on 24.02.2018 and case bearing Crime No. 058/DZU/2018 under Sections 8/21/22/27A/29 NDPS was got registered.

5. I have heard the Ld. Counsel for the petitioner, Ld. Sr. Standing Counsel for NCB and perused the Status Report filed by the NCB.

6. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and is in judicial custody since 24.02.2018. He further submitted that the petitioner was arrested only on the basis of disclosure statement of the co-accused Henry Moses and further submitted that the recovery from the house of petitioner is planted as even during cross-examination of the Investigating Officer he stated that no inquiry was ever made from the landlord of the house and no rent deed was taken into possession by IO at the time of the raid which shows foul play by the NCB. He further submitted that the petitioner has clean antecedents and no purpose will be served by keeping the petitioner in judicial custody.

7. On the other hand, l