JUDGMENT

Amit Sharma, J. The present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `CrPC`) seeks regular bail in case FIR No. 69/2019 under Sections 21/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `NDPS Act`) registered at PS Crime Branch.

2. Briefly stated, the facts of the case, as stated in the chargesheet, are as under:

i. On 23.03.2019, SI Ravi Saini, who was present at Narcotic Cell Office at about 06:00 AM, received information from an informant to the effect that a person, namely, Sachin, i.e., the present applicant, who is a resident of Uttam Nagar, Delhi supplies heroin in Delhi and that he shall be supplying a huge quantity of heroin at about 07:45 AM to 08:15 AM near Mukundpur Flyover on the Outer Ring Road, towards Azadpur.

ii. It is recorded that after receiving the said information, formalities under Section 42 of the NDPS Act were completed and a raiding party was organized. The said raiding party and the informant, alongwith an IO Bag, Field-Testing Kit and an electronic weighing machine left for the aforesaid spot in a private car.

iii. After reaching the said place, the raiding party asked 4-5 passersby to join the raid, however, all of them gave reasons and disagreed to join, without disclosing their names and addresses.

iv. At about 07:55 AM, an auto bearing registration number DL 1 RQ 2577 came towards the side of the Mukundpur Flyover, on the road itself. A person wearing a pink shirt and black pant, carrying a black polythene in his right hand got down from the said auto. The said person was identified by the secret informer as Sachin, i.e., the present applicant.

v. The applicant then came towards the Mukundpur Flyover and stood on the road. He was looking around while waiting at the spot. In about 05 minutes thereafter, the applicant felt the presence of police personnel and tried to rush towards his auto, however, the raiding party surrounded him at about 08:00 AM. When they tried to apprehend him, the present applicant ran and sat in his auto and tried to start the same. During that period, in his anxiety, the black polythene fell from the applicant`s hand, on the road. Before the auto could start, ASI Kirti and Constable Samrat apprehended the present applicant and another member of the team picked the said black polythene.

vi. Thereafter, on interrogation, the name and parentage of the applicant was revealed. During this time, it is stated that the raiding team requested 4-5 persons, who had gathered there on account of `curiosity`, to join the police proceedings. However, on hearing about `drugs`, none of the aforesaid persons agreed to join the said proceedings giving their reasons, and without disclosing their names. It is further stated that due to paucity of time, the names of the said persons could not be noted and neither any notice could be given to them. Thereafter, ASI Kirti was directed to bring a private car. Thereafter, the raiding officer introduced himself and his team to the applicant and told him about the secret information. Thereafter, the polythene which was held by the applicant and had fallen from his hand and was subsequently picked up by the raiding officer was checked. Upon checking, it was found to contain heavy transparent polythene tied with an elastic band. On opening the same, a brown colored substance was found.

vii. After removing the band, the contents of the aforesaid heavy transparent polythene were tested with the help of a field-testing kit and it tested positive for heroin. The substance weighed 300 grams on the electronic weighing machine. Two samples of 5 grams each were drawn and sealed. Similarly, the remaining 290 grams was sealed.

viii. It is alleged that thereafter, since there was a possibility of more recovery of contraband, SI again informed the applicant about the secret information and the applicant was served with a notice under Section