JUDGMENT

1. This petition has been filed seeking Regular Bail in FIR No. 160/2019 registered at PS Special Cell under Section 21/29/61/85 of the NDPS Act.

The petitioner has been in custody for about 1 year and 10 months.

2. The case of the prosecution is that certain mobile phone numbers being used by members of the syndicate upon surveillance were found to be involved in suspicious activities and permissions were taken for lawful interception. The interception revealed that the conversations on these mobile numbers were in code words.

3. On 18th September 2019, SI Raj Singh was present in the office of the Special Cell and was informed by a secret informer that two men namely Bajlur Rahaman and Abu Bakar, both residents of Malda, West Bengal were involved in the illegal supply of heroin along with their partner Saidul, and supply heroin in Delhi, Uttar Pradesh and West Bengal. As per the information, they were to supply heroin to the contact of Saidul in truck No. WB-57B-5270 between 03:00 pm to 04:00 pm on the outer ring road, Majnu ka Tilla, Delhi. After completing legal formalities, a raiding party was organized, and around 02:45 pm a truck with the same number halted at the Outer Ring Road and two persons came out from the said truck. The persons were surrounded and apprehended and were found to be Bajlur Rahaman and Abu Bakar. Both of them were served notice under Section 50 NDPS Act, a search was conducted after the completion of legal formalities, and 10.5 kg of heroin was recovered from their possession.

4. Upon interrogation, they disclosed that they had come to give contraband at the direction of Saidul, to his contacts Akbar and Sanjeet. The FIR 160/2019 was therefore registered. Upon further interrogation, they disclosed that received the contraband from Saidul and they have been working as part of this drug syndicate. Samples were deposited in FSL Rohini for analysis and expert opinion.

5. Later a police team led by SI Rakesh Kumar along with Abu Bakar departed from Delhi on 20.09.2019 and reached Malda, West Bengal, on 22.09.2019. NBW of Saidul was obtained from the Learned Trial Court and on the basis of further secret information a trap was laid down near Motihari to Samastipur Main Road where Saidul was apprehended at about 07:50 pm on 09th January 2020. No recovery was made from him. However, upon interrogation, he allegedly admitted that he had supplied contraband to Bajlur Rahaman & Abu Bakar. He further disclosed that the contraband was handed over to Bajlur Rahaman & Abu Bakar for supplying it to the contact of Mehabub Rahaman (the petitioner herein). Subsequently, the mobile numbers seized from each of these persons were verified for their subscriber details.

Samples were taken and deposited.

6. Further, exhibits of voice samples were deposited at CBI, Lodhi Road for comparison of voice samples. The CFSL results opined that the voice exhibits of the accused persons were matching with the intercepted voice calls. After a technical analysis of the mobile number of Bajlur Rahaman, Abu Bakar, Saidul & the petitioner, and one Nasir, it was found that the accused persons were in touch with each other through these mobile numbers which showed the presence of conspiracy. Charge-sheet under sections 21 & 29 NDPS was filed against Bajlur Rahaman and Abu Bakar and under Section 29 NDPS against the petitioner and Saidul. The petitioner was absconding and NBW was obtained against him. It later transpired that during the investigation the petitioner was arrested in FIR No. 91/2020, PS Kaliachak, Malda, West Bengal under section 21 NDPS Act, and was in judicial custody. Production warrant was obtained and the petitioner was formally arrested in this case on 13.03.2020. Supplementary charge sheet was filed against the petitioner on 25th August 2020.

7. Interim bail was granted and extended for four weeks by this Court by order dated 22.11.2022 on the ground of the medical condition of the wife which was potentially life-thre