The court emphasized that the reasonable belief required for bail under Section 37 NDPS Act necessitates substantially probable causes for believing that the accused is not guilty of the alleged offence.

ORDER

Rajnish Bhatnagar, J.

1. The present petition has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case No. VIII/01/DZU/2021 under Sections 21(c), 23(c) and 29 NDPS Act registered at Police Station NCB RK Puram.

2. In brief the facts of the case are that the NCB received a secret information on 27.01.2021 that two women, namely, Jascent Nakalungi and Sharifah Namaganda, both from Uganda were expected to arrive at T-3 IGI Airport, New Delhi on 28.01.2021 and were suspected of carrying significant amounts of narcotic drugs. On 28.01.2021, NCB Team arrived at Terminal 3 of IGI Airport in New Delhi and while the surveillance was being conducted in the arrivals hall, two passengers with the same identities arrived at the belt. The NCB team stopped them and when Jascent Nakalungi's sky blue trolley bag was examined, it was found having one black coloured packet which further had two polythene packets, one containing 4 kgs of `Heroin' and other containing 560 grams of `Cocaine'. Thereafter, when Sharifah Namaganda's brown-coloured trolley bag was examined, it was found having one black coloured packet which further had two polythenes, one containing 4 kgs of `Heroin' and other containing 510 grams of `Cocaine'. The recovered contraband was seized as per law in presence of independent witness. During Panchnama, a receipt of Test and Fly (Receipt no. 13181) was recovered along with their travel documents on which Vikas Puri, Pastry Place (Outer Ring Road) 8929857072 KC was written in hand. On initial inquiry, it was revealed by Jascent Nakalungi that she was going to deliver both the bags to one person in Vikas Puri near Pastry Place, Outer Ring Road, New Delhi and she also disclosed one Indian Mobile Number being 8929857072. The NCB team proceeded to Pastry Place at Vikas Puri with Sharifah Namaganda and Jascent Nakalungi, and at the location, Sharifah Namaganda called on mobile phone no. 8929857072. After some time, one person came and met Sharifah and Jascent and at that very time, he was intercepted by the NCB team and when we was asked about his identity, he disclosed his name as Kingsley. In the said inquiry, it was revealed by Kingsley (petitioner herein) that he came to receive the baggage containing drugs from both the ladies Sharifah and Jascent. During the course of investigation, accused persons Jascent Nakalungi, Sharifah Namaganda and the present petitioner/accused tendered their voluntary statements under section 67 of the NDPS Act. As a result, the aforesaid case was registered against the accused persons including the present petitioner.

3. I have heard the learned counsel for the petitioner, learned Senior Standing Counsel for NCB and perused the status report filed by the NCB.

4. Learned counsel for the petitioner submitted that petitioner is in judicial custody since 28.01.2021 and has been falsely implicated in this case only on the basis of disclosure statement of coaccused. He submitted that no recovery has been effected from the petitioner and only allegation against the petitioner is that of conspiracy and in furtherance of the said conspiracy, the petitioner was to receive a consignment of Narcotics from the two co-accused ladies from Uganada. He further submitted that the prosecution has failed to establish a connection between the two coaccused persons and the petitioner herein, and has also failed to attract the rigors of Section 37 of the NDPS Act by not dispensing its burden of proof at a higher plethora of evidence. He further submitted that in the panchnama proceedings also, there is no mention of the petitioner or his number, and thereafter, on subsequent improvements the number `8929857072' was shown to be handwritten at the back of the Test and Fly Receipt along with letters `KC' which shows manipulation and foul play done by the NCB officials in their investigation. Although, the phone number `8929857072' was being used by the petitioner but it had not been iss