The main legal point established is that the satisfaction required for granting bail under Section 37 of NDPS Act involves recording reasonable grounds for believing in the accused's innocence and unlikelihood of committing further offenses. Additionally, issues related to sampling procedures and tampering of evidence are to be examined during the trial.

JUDGMENT

Dinesh Kumar Sharma, J.

1. The present petition has been filed under Section 439 of the Code of Criminal Procedure (Cr.P.C.) for grant of regular bail in FIR bearing No.20/2020 dated 16.01.2020 at PS Paschim Vihar, (West), Delhi registered under Section 21 c of NDPS Act and 14 of Foreigners Act.

2. Facts in brief, as stated in the status report are that on 16.01.2020, a secret information regarding carrying of narcotics substance was received in the office of special staff. Upon receiving the information, a team was constituted and at about 07:00 PM a trap was laid down near the service road, DDA ground, Hotel Radisson Blu, Paschim Vihar Delhi. One person was sighted coming from Sunder Vihar side and on the instance of the informer, he was apprehended. Allegedly he was identified as Kenechukwu Joseph s/o Okeke IGA, being a permanent resident of Anambra State, Nigeria, staying at H No. 237, Third Floor, Vipin Garden, Dwarka Mor, Delhi. On searching him one poly bag containing narcotics substance/contraband was recovered from his possession. On checking the narcotics substance by testing Kit, it was found cocaine and the total weight found was 140 grams. Thereafter, two samples of 5 gram each were extracted and both the samples and remnants of 130 grams of cocaine was seized in the case. Subsequently, the present case was registered and investigation of the case was taken up.

3. Further during the course of the investigation, the site plan was prepared. The present accused Kenechukwu Joseph was found permanent resident of Nigeria and no valid documents regarding his stay in India were produced by the accused Kenechukwu Joseph. Thereafter accused Kenechukwu Joseph was arrested in the present case. On 17.01.2020 an application u/s 52 A NDPS Act was moved before the Hon'ble Court of Ms. Neetu Nagar, Ld. MM, Tis Hazari Courts, Delhi wherein two samples of 5 grams each was extracted from the recovered remnants of 130 grams. On checking the weight of both the samples with lid, it was found as 11.3 grams (6.3+5 gm) & 15.6 gm respectively. The remaining 118.6 gram was also seized and deposited in the malkhana of PS- Paschim Vihar West, Delhi.

4. Learned counsel for the petitioner submits that the accused is entitled to be admitted to bail as he is in custody since 16.01.2020. It has been submitted that the accused is shown to have been arrested on 16.01.2020 from the service road near the Hotel Radisson, Paschim Vihar whereas he was picked up from the dining area of Hotel Radisson, Paschim Vihar where he had gone for dinner along with his three other friends and the petitioner/applicant is falsely framed in the present case. Learned counsel submits that the arrest has been shown at the service road so as to avoid the CCTV coverage of the Hotel Radisson, Paschim Vihar. Learned counsel further submits that there is a contradiction in the case of the prosecution regarding the receipt of the secret information and recording of the DD entry. It has further been submitted that the IO had moved an application for the proceedings under Section 52A of the NDPS Act before the learned M.M. and an inventory was produced and the Hon'ble court has drawn two samples S1 and S2 of 5 grams each from the alleged contraband and the weight of samples drawn in the court without a lid was 11.3 gram (i.e. 6.3 + 5 gram) and 15.6 gram (including the weight of the sample, boxes with lids of pink and blue colour).

5. Learned counsel has also submitted that sample S-1 containing 5 grams of recovered alleged cocaine was deposited in FSL, Rohini vide FSL: SFSLDLH/602/CHEM/190/20 dated 20/01/2020 by Ct. Pawan PIS No. 28080268, PS Paschim Vihar West. It has further been submitted that as per the FSL report dated 19.03.2020, the exhibit sample S1 sent along with the FSL, containing 5 grams of recovered alleged cocaine deposited to FSL, Rohini was weighing 20.47 grams, not 15.6 grams.

6. Learned counsel further submitted that as per the testimony of PW3 nam