IMPORTANT POINT
The judgment emphasizes the importance of liberty and the need to avoid pre-conviction incarceration, balancing the recovery of contraband with the potential innocence of the accused and the impact of lengthy incarceration on individuals.

JUDGMENT

[The proceeding has been conducted through Hybrid mode]

Tushar Rao Gedela, J. - This is a bail application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 on behalf of the applicant seeking grant of regular bail in SC No. 81/2019 under Sections 8(c)/21(c)/23/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, titled "Narcotics Control Bureau Vs. Gaurav Mehta & Ors." pending before the Court of learned Special Judge, NDPS Act, Patiala House Courts, New Delhi.

2. As per the case of the prosecution, secret information was received on 17.08.2018 in respect of two parcels destined to USA and Canada respectively lying at DHL Express, Rama Road, Kirti Nagar, New Delhi, booked by the applicant Gaurav Mehta of Desi Global E Mart. The parcels were suspected to contain narcotics/psychotropic tablets. Further, it was also learnt that the applicant was continuously sending narcotics/ psychotropic medicines from his office cum warehouse at K-121, Backside, West Patel Nagar, New Delhi.

3. As per the Panchnamas dated 17.08.2018, a search was first conducted at the DHL office and then at K-121, West Patel Nagar, New Delhi wherefrom a huge quantity of transparent plastic polythenes containing white colour tablets were recovered.

4. The first seizure was affected by a team consisting of Anand Kumar, IO, Sh.Virender Kumar IO, Havaldar Sanjiv Kumar and Driver Babulal at 09:55 hours from the office of DHL Express 71/3, Rama Road, Kirti Nagar, New Delhi. The seizure memo was prepared by IO Anand Kumar wherein it is alleged that from the two parcels, Ativan 2mg tablets, Tramadol and other tablets were recovered.

5. The second seizure was conducted by Rajesh Kumar Yadav IO, Sh. Bhojraj IO, Sh. Anand Kumar IO, Sh. Virender Kumar IO, Sh. Sanjeev Kumar Havaldar, Sh. Babu Lal Meena Sepoy, Sandeep Kumar Sepoy, Sh. N.P. Singh Driver and Sh. Malkeet Singh Driver around 10:00 hours at the office/warehouse of the applicant at K-121, West Patel Nagar, New Delhi, wherein tablets of Vellium, Xanax, Alprazolem, Lorezapam 2 mg, Phentermine, 375 Mg. V.C. Don, Clonezapam etc. were recovered.

6. On search of the room, one transparent plastic polythene containing white tablets were recovered on which Xanax was written and on further checking the racks of the said room, packets containing different tablets i.e. Alprazolam, Lorazepam, Phentamine, V.C. Don, Clonazepam along with 4 parcels ready to be sent to different foreign destinations were recovered. The total weight of Tramadol recovered was more than 250 gms and the same is a commercial quantity.

7. The applicant, in his statement under section 67, NDPS Act recorded on 18.08.2018, disclosed that the medicines recovered from his house were provided by the co-accused Bhaskar Khatnani who used to supply 20-25 packets per week to him and on the instructions of the co-accused Bhaskar Khatnani, he used to pick up tablets in strip and lose form of Phentermine, Butalbital, Viagra, Cialias, Tramadol, Zolpidem, Adderall, Hydrocodone etc. from Laxmi Nagar which were provided by co-accused Manish Mohan through co-accused Amit Ranjan.

8. The applicant Gaurav Mehta further disclosed that he used to lift the medicines from the house of co-accused Bhaskar Khatnani, and that the parcels that have been recovered from DHL office were destined to USA and Canada and were sent by him.

9. The applicant was arrested on 18.08.2018 and has been in incarceration since then, except the period spent on interim bail granted at various occasions. The applicant moved an application for grant of regular bail before the learned Trial Court, however the same was dismissed vide the order dated 01.02.2022.

ARGUMENTS ON BEHALF OF THE APPLICANT

10. Mr. Satya Bhushan, learned counsel for the applicant, at the very outset submits that he is adopting the arguments addressed by Mr. Yogesh Kumar Saxena, learned counsel for the co-accused Bhaskar Khatnani in BAIL APPLN. 597/2020. In addition to that, he makes further su