JUDGMENT

Navin Chawla, J. - This application has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (in short, CrPC) read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, NDPS Act) seeking bail in SC No. 57/2020, titled as NCB v. Noorzai Gulamin & Ors., pending in the Court of the learned Special Judge, NDPS Act, Patiala House Courts, New Delhi, under Sections 8A / 21(C) / 23(C) and 29 of the NDPS Act.

2. It is the case of the prosecution that on 17.08.2019, at about 11:30 hours, on a secret information received, a person, namely, Mr.Noorzai Gul Amin, an Afghan National, was apprehended from the Arrival Terminal-3, Indira Gandhi International (IGI) Airport, New Delhi. On inquiry from him, he accepted that he has swallowed certain capsules containing Narcotic Drugs. He was, then, taken to the Safdarjung Hospital, where he was admitted on 17.08.2019. On 20.08.2019, the doctors informed that there is no foreign body left in the stomach of the applicant, therefore, he was discharged from the Safdarjung Hospital. At the hospital, he expelled a total of 119 capsules through the passage of stool. One of such capsule wrapped in transparent packet was taken and cut opened. It was found to be containing a white colour powdery substance. A small amount of the powdery substance was taken and tested with the help of the field testing kit, which gave a positive result for Heroin. A similar exercise was conducted for the remaining 118 capsules with the help of field testing kit, which all gave positive results for Heroin. The powdery substance recovered from total 119 capsules was, thereafter, collected in transparent polythene and was weighed to be 770 grams. The whole recovered white coloured powdery substance was, thereafter, mixed homogeneously and two representative samples of 05 grams each were drawn and put inside two transparent zip lock pouches and further kept into separate white colour paper envelops, giving them Mark A-1 and A-2 respectively.

3. It is further alleged that on 20.08.2019, accused Noorzai Gul Amin disclosed that he belongs to a village Gurz of Farah Province in Afghanistan. He had met one person in Kandhar who took him to an other person, namely, Nimahtullah Mangal, who in turn offered him a sum of Rs.50,000/- to carry narcotic drugs capsules to India in his stomach. He further disclosed that Nimahtullah Mangal had asked him to hand over the capsules after reaching India to one person called Doctor. He stated that Nimahtullah Mangal also gave the mobile number of the said Doctor. He also stated that Nimahtullah Mangal would be arriving in India on 21.08.2019.

4. The prosecution alleges that based on the disclosure statement of Noorzai Gul Amin, Nimahtullah Mangal was arrested when he landed in India on 21.08.2019. It is further alleged that Nimatullah Mangal, in his voluntary statement, admitted that about 7 to 8 months back, he had met a person named Abdul Khaliq, who offered him handsome money for arranging Visa for India for persons who would carry Heroin capsules to India by swallowing them. He stated that Abdul Khaliq told him to arrange contact in India for sale of the drugs. He stated that he then spoke to Dr. Allah Noor Noorzai and told him that Noorzai Gul Amin would be coming to India with drugs. The drugs carried by Noorzai Gul Amin were to be supplied to Dr. Allah Noor Noorzai and John @ Hikmatullah Hikmati, the applicant herein. It is stated that Nimahtullah Mangal provided the mobile number of Dr. Allah Noor Noorzai to the Narcotics Control Bureau (NCB) and also said that he can show the house where he shall be available.

5. The prosecution further alleges that a team of NCB Officers went to the house of the applicant herein, at Lajpat Nagar. Nimahtullah Mangal knocked at the door and also called for the applicant. The applicant opened the door on which Nimahtullah Mangal identified him as the receiver of the drugs. Dr. Allah Noor Noor