JUDGMENT

SWARANA KANTA SHARMA, J.

1. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 44/2015 under Sections 18/22/29/61/85 of NDPS Act registered at P.S. Special Cell Delhi.

2. The Brief facts of the case, perused from the FIR are as follows: -

a. That during monitoring of the mobile numbers i.e. 9582461280, 9654123551, 7351687855 of international narcotic syndicate later on identified as Babloo, Raheesh, Amir and Chandan, it was revealed that these persons were indulging in large scale supply of drugs including heroin and opium in Delhi, UP by bringing the same from North Eastern states including Assam, Manipur, Nagaland etc. Sources were deployed to develop said information and discreet surveillance was kept upon movements of members of this gang as they used to frequently visit Delhi in connection with their drug trafficking activities.

b. SI Jeetendra Tiwari was deputed to monitor the interception of above mobile numbers and he used to brief Insp. Attar Singh about the outcome of said interception. Insp. Attar Singh, himself also used to monitor the interception and he had lodged DD No. 34 dated 27/06/2015 in Special Cell/NR and said DD entry was put up before ACP/Special Cell. SI Jeetendra Tiwari had deputed his sources to collect intelligence about members of above syndicate.

c. On 28/06/2015, at about 05:00 PM, SI Jeetendra Tiwari had received secret information in office of Special Cell/NR through one of sources already deployed by him that Musfique Alam, a resident of Bihar and one lady, a resident of Assam, who used to supply opium from Assam and thereafter they further used to hand over the same to one of their contact in Delhi, would come at about 06:00 PM to 07:00 PM, near ISBT, Kashmiri Gate, Foot-

over bridge, towards Yamuna side.

d. On receipt of the information a trap was laid and a raid was conducted near ISBT, Kashmiri Gate, Delhi where two members of this gang namely Musfique Alam @ Babloo and Dipti Purtti were apprehended at about 06:30 P.m. and 10 kgs opium i.e. 05 kgs opium from each was recovered at their instance. Above case was got registered by SI Jeetendra Tiwari and investigation was taken up by the SI Jeetendra Tiwari.

e. During investigation, both the above accused persons were formally arrested. Both were subjected to sustained interrogation upon which they disclosed that they used to indulge in drug trafficking in Delhi and UP from North Eastern states for last many years. Both disclosed that they used to bring opium from one Chandan of Deemapur. Dipti Purtti is carrier of Chandan and Babloo is carrier of Rahees and Amir. Both disclosed about their network in detail. In pursuant of disclosure of Musfique Alam, Rahees was apprehended at about 11 :00 PM on 28/06/2015 near GPO, Kashmiri Gate, Delhi and 05 kgs opium was recovered from his possession. Rahees is the main kingpin of above drug cartel. He used to receive opium through his carriers and further supply it to various persons in Delhi.

f. The petitioner had moved Bail Application No. 3208/2020 for her release on bail before this Court which was dismissed vide order dated 23.11.2020. The observations of the Court are reproduced herein :-

“ 21. Based on the above, the test which is required to be applied while granting bail is whether there are reasonable grounds to believe that the accused has not committed an offence and whether he is likely to commit an offence while on bail. Looking into the seriousness of the offence punishable under the NDPS Act and in order to curb the menace of drug-trafficking in the country, stringent parameters for the grant of bail under the NDPS Act have been prescribed.

22. In the instant case, the petitioner was found carrying a red & green bag and when it was searched it was found to contain 5.200 Kg. of opium which is a commercial quantity, so rigors of Section 37 are applicable in this case. So keeping in view the entire facts and circumstance