JUDGMENT

Vikas Mahajan, J.

1. The present petition has been filed under Section 439 r/w Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) seeking grant of regular bail to the petitioner in Crime No. VIII/02/DZU/2020 under Sections 8/21/23/29 NDPS Act instituted by the NCB.

2. Vide order dated 05.09.2022, notice was issued in the bail application of the petitioner and the respondent/NCB was directed to file a status report. The respondent has filed a status report dated 31.10.2022, which forms part of the record.

3. The case of the prosecution as borne out from the status report/reply is that on the basis of a secret information dated 28.12.2019, Habibullah Nabi Zada (the petitioner herein) and Abdul Wadood Ahmadi (co-accused), who arrived by Flight No. FG-313 of Arena Airlines at T- 3, IGI Airport, were intercepted near the exit of terminal building.

4. Upon enquiry, both the suspects voluntarily disclosed that they had swallowed 15 drug capsules each. Thereafter they were brought to Safdarjung Hospital, where the Doctor on duty confirmed about foreign body in the stomach of both of them. Accordingly, they were admitted in the said Hospital for medi