The court denied bail under the NDPS Act due to substantial evidence of involvement in drug trafficking and failure to prove innocence, in line with stringent bail conditions.

Headnote:(A) NDPS Act, 1985 - Sections 18, 21, 25, 29 - Bail application under Section 439 Cr.P.C. - The prosecution established a chain of drug trafficking involving accused members, with substantial recoveries including heroin, opium, and alprazolam - The petitioner had previous convictions under NDPS - The petitioner failed to demonstrate reasonable grounds of innocence - Bail denied as per Section 37(1)(b)(ii). (Paras 6-9)

(B) Bail - Conditions for bail under NDPS Act - Must show reasonable grounds to believe that accused is not guilty and not likely to commit an offence on bail. (Paras 6-7)

Facts of the case:
The petitioner, arrested in connection with drug trafficking on 25.11.2015, was implicated based on disclosures from co-accused, leading to substantial recoveries. He had prior convictions under NDPS Act.

Findings of Court:
No grounds established by the petitioner to warrant bail; the bail application was dismissed.

Issues: Whether there are reasonable grounds to believe the petitioner’s innocence and the judicial compliance with NDPS Act provisions?

Ratio Decidendi: The court upheld that substantial evidence points to the petitioner's involvement in drug trafficking and previous convictions disqualify him from being granted bail under the stringent requirements of the NDPS Act.

Result: Application dismissed.

Table of Content
1. factual basis for drug trafficking charges. (Para 1 , 2 , 3)
2. arguments for and against bail application. (Para 4 , 5)
3. court's analysis on bail criteria and evidence. (Para 6 , 7 , 8)
4. conclusion denying bail request. (Para 9)

ORDER

Anoop Kumar Mendiratta, J. An application has been preferred on behalf of the petitioner under Section 439 Cr.PC for grant of regular bail in FIR No.63/2015 under Sections 18/21/25/29 of the NDPS Act, 1985.

2. In brief, as per the case of the prosecution, during monitoring of interception of mobile numbers, suspectedly used by drug peddlers, it was revealed that members of drug syndicate are in touch with each other and indulge in drug trafficking in Delhi, Punjab, J & K and Rajasthan. Further, on receiving secret information on 18.11.2015, a trap was laid at Burari crossing where Durgesh @ Mangal handed over a packet containing 1 kg white coloured heroin to Harjinder Singh. Both of them were apprehended and 1 kg heroin was recovered from the scooty of Durgesh @ Mangal at the spot. The Verna car used by Harjinder and the scooty used by Durgesh @ Mangal were seized at the spot. Also, many mobile numbers and sim cards including 8558054298, which was under interception were seized. Further, accused Durgesh @ Mandal disclosed that he along with Mohd. Akhtar @ Raja (petitioner herein), a resident of Jafrabad, Delhi used to supply narcotic drugs to various drug suppliers in Delhi and Punjab. He also disclosed that Mohd. Akhtar @ Raja used to get supply from one Sehzad as well as from a Nigerian national in Vikaspuri. He also disclosed that Mohd. Akhtar @ Raja had kept huge quantity of heroin, opium and alprazolam at his rented house in Laxmi Nagar, Delhi. Accordingly, on the house search of Durgesh @ Mangal at 1/184, Laxmi Nagar, 2 kgs of opium and 1kg alprazolam were recovered at the instance of Durgesh @ Mangal. During investigation, Ubah Casmir Amobi, a Nigerian national was arrested on 19.11.2015 from Vikas Puri at the instance of Durgesh @ Mangal and 300 gms of heroin was recovered. Further, on disclosure of Durgesh @ Mangal, Ashwani @ Abu Bakr was arrested on 20.11.2015 near Seelampur, Delhi wherein he came to receive a consignment of heroin from Mohd. Akhtar @ Raja. One swift car along with 3 mobile handsets and many sim cards were recovered from Ashwani @ Abu Bakr. Also 500 gms of heroin was recovered from the house of Ashwani @ Abu Bakr at Punjab.

During investigation, Mohd. Akhtar @ Raja was arrested from Darya Ganj on 25.11.2015. On 27.11.2015, after taking police remand, 525 gms of heroin was recovered from his newly purchased flat at Seelampur, Delhi. Further, on disclosure of Mohd. Akhtar @ Raja, accused Shabir Ahmed Bhat @ Sehjad was arrested on 29.11.2015 in his Eco Sports car in New Friends Colony and 1.8 kgs of heroin was recovered on search of his car. Also, on 01.12.2015, Ezeh Chinedu Joseph and his associate Ugo Geoffery Franklin were arrested in Zeta car in New Friends Colony and 1 kg of heroin was recovered from their possession. One Imamudin was also arrested on 03.12.2015 from Jungpura Extension and 400 gms of heroin was recovered from him.

3. Thus, as per investigation complete chain of 9 drug suppliers was established with the arrest of aforesaid persons. Charge-sheet was accordingly filed and charge is stated to have been framed against the accused.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is in custody since 25.11.2015. It is further submitted that no contraband was recovered from the possession of the accused on 25.11.2015 when he was arrested and the alleged recovery has been effected only during the policy custody remand. It is also urged that the recovery was effected from house No.7/14, Second Floor, Gali No.5/10, near New Moon Public School which was opened with a key alleged to have been recovered from the personal search of the petitioner on 25.11.2015. Howeve

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