In narcotic offences involving commercial quantities, bail cannot be granted unless the accused demonstrates reasonable belief of innocence and lack of reoffending risk, as mandated by Section 37 of the NDPS Act.

ORDER

1. The present bail application has been filed by the petitioner seeking regular bail in FIR No. 141/2018 under Sections 21/29/61/85 of the NDPS Act, 1985 registered at Police Station Special Cell (Lodhi Road), New Delhi.

2. Brief facts of the instant case are that on 30.11.2018, on receipt of secret information, SI Ravi Kumar was informed that one Salim and his associate Amjad both resident of Malda West Bengal, on the direction of one Uvesh, resident of Faridpur, Bareilly, U.P. procures heroin from Malda and supplies the same in Delhi and Uttar Pradesh. He was also informed that they will be coming near Gokalpuri flyover for delivery of a huge consignment of heroin between 7:30 AM to 8:30 AM to Uvesh. The said information was reduced into writing and SI Ravi Kumar had produced the secret informer before Inspector Vivekanand Pathak, who had made enquiries from the secret informer. Thereafter, the information was conveyed to ACP, Manoj Dixit telephonically who had directed SI Ravi Kumar to take appropriate legal action and had authorised him for search and seizure. After lodging DD No.2A, SI Ravi Kumar produced the written information before Inspector Vivekanand Pathak in compliance of Section 42 of NDPS Act and thereafter, Inspector Vivekanand Pathak forwarded the same to the office of ACP. On the directions of ACP, the raiding party was prepared along with secret informer and the raiding party took position near Gokalpuri at 7.45 AM, two persons coming from Maujpur side had topped near a corner of the road who were having bags on their shoulders. On the pointing out of the secret informer that they were Amjad and Salim, they were apprehended who disclosed that they had come to Delhi to supply Heroin on the directions of Uvesh. Notice under Section 50 NDPS Act was served upon the accused and they were apprised of their right to be searched before the Gazetted Officer or Magistrate. However, they refused to be searched before Gazetted Officer or Magistrate. The bags of both the accused were searched and were found to contain 02 kg of heroin each, samples were drawn and on testing the same were found to be heroin. Further investigation was handed over to SI Anukul who reached the spot and conducted further proceedings. Accused Amjad Ali and Salim Sheikh were arrested. Two mobile phones were recovered from accused Salim Sheikh and two mobile phones were recovered from accused Amjad Ali. Thereafter, the accused was produced before the concerned court and seven days police custody/remand of Salim Sheikh and three days police custody/remand of Amjad Ali were obtained. During investigation, they disclosed that they were part of an inter-state narcotic syndicate and used to receive supply of heroin from one Samuel@Mama, Hasmat and Krishna, all residents of Malda, West Bengal. Accused Salim Sheikh also disclosed that he used to supply heroin after obtaining it from Samuel @ Mama, Hasmat and Krishna and used to supply the same to various persons including Nasir at Delhi and Tausif Ali, resident of Bareilly. The IO alongwith the accused had gone to Bareilly on 01.12.2018 to trace the source person of heroin on receipt of secret information, Tausif Ali wanted in this case was informed to be visiting Milak village to meet someone, the information was passed on to Inspector Vivekanand Pathak who after constituting a raiding team with ACP consulted the ACP, who directed and authorised him to take legal action and conduct search and seizure. At about 9.40 PM, at Milak Village, a car had stopped and accused Salim Sheikh pointed out towards Tausif, associate of Uvesh. Notice under Section 50 NDPS Act was given to him but nothing was recov