A bail application under NDPS Act must meet stringent conditions, proving reasonable grounds for the accused's innocence and likelihood of non-reoffending, reflecting legislative intent to combat drug trafficking.

ORDER

Chandra Dhari Singh, J. (Oral)--The present petition has been preferred under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter, referred to as the "Code") for seeking regular bail in FIR bearing No. 226/2019 under Sections 21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as the "NDPS Act") registered at PS - Special Cell, Delhi.

2. The brief facts of the case as per the prosecution are that on 15th December 2019, at around 5:40 am, the Police Station - Special Cell, Lodhi Colony, New Delhi received information that a person named Anubhav Dushad @ Vicky, r/o Munirka Village, New Delhi has been dealing in narcotic drugs supply, and was to deliver a consignment of narcotic drugs to a woman named Renuka, on the very same day, near New Delhi Railway Station. A raiding team was accordingly constituted, and the concerned persons were apprehended from the spot. The consignment recovered contained a light-brown powder weighing 3 Kgs, that upon being checked through field testing kit, turned out to be narcotic substance `Heroin'. An FIR was accordingly registered under Sections 21 and 29 of NDPS Act.

3. Learned counsel for the petitioner submitted that the petitioner is innocent, is a person of good standing, has clean antecedents and has been falsely implicated in the present case. It is also submitted that the petitioner has to take care of her minor son and ailing parents. It is further submitted that the petitioner has been in judicial custody for the last two years and considering the fact that the chargesheet has been already filed, the petitioner is no more required for any investigative purposes.

4. It is further alleged that there was non-compliance of the requirement under section 50 of the NDPS Act. It is also prayed that since the applicant is a woman, she is entitled to the special consideration for bail as prescribed under the proviso to Section 437(1) of Cr.P.C. The learned counsel on instructions also submitted that the petitioner undertakes not to tamper with the evidence and shall not influence the witnesses and shall abide by any terms/conditions imposed on her while granting bail. In light of the aforesaid, it is submitted that the applicant be granted bail.

5. Per Contra, Ms. Kusum Dhalla, learned APP for State vehemently objected the instant application and submitted that a total of 3 Kgs of Heroin was recovered from the possession of the applicant herein, and accordingly under Section 37 of the NDPS Act, no person accused of an offence involving commercial quantities of narcotic substances under the said Act, should be released on bail.

6. It is prayed that the intent behind legislating the Act was to stop the cascading effect of drug-addiction, and serious ramifications, on the society at large. It is prayed that if the applicant being alleged of the grave offence is released on bail, it will defeat the legislative intent behind the special Act.

7. It is further submitted that a prima facie opinion of the innocence of the accused is not a sufficient condition in deciding grant of bail. There should be existence of `reasonable grounds' pointing to existence of facts and circumstances justifying the accused's innocence. In the instant case, there are no cogent reasons whatsoever for grant of bail to the accused, and therefore the instant petition being devoid of merits be dismissed.

8. Heard learned counsels for the parties and perused the record including the contents of the FIR