The court affirmed that bail under section 37 of the NDPS Act is heavily restricted, requiring clear evidence of innocence, particularly when commercial quantities of narcotics are involved.

JUDGMENT

1. The present application is filed under section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred as "the Code") for grant of regular bail on behalf of the petitioner/applicant @ Sarabpreet Singh (hereinafter referred as "the petitioner") in Complaint Case No. VIII/07/DZU/20210 registered under sections 18(b) & 23(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act").

2. The perusal of complaint case bearing no. VIII/07/DZU/20210 reflects that Narender Khari, Junior Intelligence Officer, Narcotics Control Bureau, New Delhi on 26.02.2021 received a secret information that one parcel bearing AWB No. 5492641755 suspected to contain large quantity of Narcotics and Psychotropic Substance was lying at DHL Express Pvt. Ltd., 71/3, Rama Road, Near Kirti Nagar, New Delhi and destined to be exported to Canada. The information was passed on to Dhananjay Some, Superintendent, NCB who assigned said information to Mr. Harender Dagar, JIO, NCB with directions to constitute a team and take action as per law.

2.1. Harender Dagar, JIO constituted a team comprising himself, Shamsher Singh, Sepoy and Virinder Bam, driver. After necessary formalities, the constituted team reached at DHL Express Private Limited at about 12:15 PM where they met Mukesh Kumar, an employee of DHL. Mukesh Kumar produced the parcel bearing AWB No. 5492641755. Mukesh Kumar has also agreed to become independent witness. The necessary procedural formalities were also completed there. The details of the consignor were also found to be pasted over parcel. The details of the sender as Sarbpreet Singh, Rauni, Ludhiana (P.B)-141415, Mobile No.9646089170 and receiver as Jagjit Singh, S4 Saddleback RD NE, Calgary, AB Post Code-T3J4K5, Canada, Mobile No. +1(825)365-2000 were found to be pasted on the parcel. DHL Express worldwide booking slip having details of sender and receiver was also found pasted on the parcel.

2.2. The parcel was opened in front of independent witness Mukesh Kumar and found to be containing 2 boxes of Dabur Chawanprash, 2 boxes of Shama Badamprash enriched with kesar badam & pista, 1 box of Baidnath kesari kalp Royal Chawanprash, 2 bottles of Kalonji Tel Black Seed Oil besides other articles. The boxes of Dabur Chawanprash, Shama Badam Prash and Baidnath Kesari Kalp Royal Chawanprash were opened and material therein weighing 1.700 kg, 1.690 kg and 430 g respectively (total weighing 3.280 kg) was tested by D.D. kits gave `positive' results for opium and 3.280 kg was a commercial quantity. The pullandas and panchnama were prepared after completion of formalities in presence of the independent witness. The contraband after sealing was seized as per procedure vide seizure memo dated 26.02.2021 at the spot. The case property was deposited in malkhana of NCB-DZU, New Delhi.

2.3. The Booking Clerk Deepak Singhi in his voluntary statement under section 67 of the NDPS Act also revealed that the parcel was given to him by the petitioner for booking. The petitioner in his disclosure statement under section 67 of the NDPS Act also admitted his involvement. The application under section 52A of NDPS Act for drawl of samples and certification of the Panchnama/Seizure memo was allowed by Sh. Nitesh Goel, Metropolitan Magistrate, Patiala House Court, Delhi vide order dated 08.03.2021. The samples along with Test Memo Form were deposited at CRCL, Pusa Road.

2.4. NCB during further investigation collected other evidences such as Call details, bank statement of the petitioner etc. The petitioner also stated to receive Rs.29,000/- and Rs.50,000/- from Jagjit Singh i.e. receiver of the parcel. CRCL