The court established that Section 37 of the NDPS Act does not apply to controlled substances, allowing for bail considerations based on personal circumstances rather than nationality.

ORDER

Rajnish Bhatnagar, J. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 33/2018 under Section 9/21/25A of NDPS Act & under Section 471 IPC & Section 14 of the Foreigners Act registered at P.S. Crime Branch, Delhi.

2. Briefly stated, the facts of the case are that on 09.02.2018, a secret information was received by ASI Anil Kumar that one person namely Vinay Sharma would come at about 4:30 PM to supply Pseudo Ephedrine to a person near Chanakya Market Bus Stand, Janakpuri, Delhi. On this information, a raid was conducted and one accused namely Vinay Sharma was apprehended and 10 Kg. Pseudo-Ephedrine was recovered from his possession. On the basis of above recovery, the present FIR was registered. During investigation, accused Vinay Sharma was arrested and he was interrogated and he disclosed that he has procured the recovered substance from one Piyush of Jirakpur near Chandigarh. It was also disclosed by the arrested accused that he can take the police to Chandigarh and Jirakpur to point out the places, where the supplier namely Piyush used to meet him to deliver the drugs to him.

3. During PC remand accused Vinay Sharma was taken to Jirakpur, Punjab to apprehend the supplier of recovered pseudo-ephedrine. On this, a call was made on the phone of source of contraband namely Piyush Srivastava by accused Vinay Sharma and he was asked to meet him near Sethi Dhaba, Jirakpur, Punjab. On this, source Piyush came near Sethi Dhaba, Ambala road, Jirakpur and he was apprehended from there. After serving notice under section 50 NDPS Act, cursory search of accused Piyush was conducted but nothing incriminating thing could be recovered from his possession. But he confessed to have delivered the recovered substance to accused Vinay Sharma. On this, accused Piyush Srivastava was arrested in the present case and intimation regarding his arrest was conveyed to local police station. He was interrogated there but he did not co-operate and did not disclose as to from where he has procured the recovered pseudo-ephedrine. After this, he was brought to Delhi and again subjected to sustained interrogation. During interrogation he disclosed that he has procured the recovered Pseudo Ephedrine from one Praveen of Chandigarh, who is known to him as he used to purchase medicine from him. Accused Piyush also disclosed that he has kept the remaining quantity of Pseudo Ephedrine which he procured from Praveen Kumar in his office at Panchkula, Haryana. He told that he didn't know the complete address of Praveen but he can help police in tracing from their meeting points.

4. Four days PC remand of accused Piyush Srivastava was obtained and he was taken to Zirakpur, Punjab and Chandigarh at the address of the alleged source namely Parveen Gupta but Parveen Gupta was not found present there. On this, a notice was served to Mohan Lal Gupta (brother of alleged source Parveen Gupta). Search of the office of the accused situated at Phase-I, Industrial Area, Panchkula, Haryana was also made but nothing incriminating could be recovered from there. One day more PC remand of accused Piyush Srivastva was obtained and on his pointing out 1.5 Kg. Pseudo-ephedrine was recovered on 16.02.2018 from Singhu Border, Narela, Delhi.

5. Thereafter, the present petitioner was apprehended on 16.02.2018 at the instance of accused Piyush Srivastava and 3.5 Kg. Pseudoephedrine and 15 gm. Cocaine was recovered from his possession. The petitioner was arrested and his passport and Visa were got verified from the External Affairs Ministry and it was found that Visa sticker on the passport of the petitione