$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23^rd SEPTEMBER, 2024 IN THE MATTER OF:

+ BAIL APPLN. 3433/2024 GIRISH BHATI .....Petitioner Through: Mr. Rajan Kumar Chourasia and Mr.

Ajeet Yadav, Advocates.

versus NARCOTICS CONTROL BUREAU .....Respondent Through: Mr. Arun Khatri, Senior Standing Counsel with Mr. Sahil Khurana, Ms. Shelley, Ms. Anoushka Bhalla, Advocates. CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL)

CRL.M.A. 28737/2024 (Exemption) Allowed, subject to all just exceptions.

BAIL APPLN. 3433/2024

1. The Petitioner has approached this Court for grant of regular bail in Crime No.VII/47/DZU/2023 dated 15.09.2023 registered at NCB, Delhi Zonal Unit for offences under Section 8(C), 22(C), 23(C) and 29 of the NDPS Act.

2. Material on record discloses that on 15.09.2023, a secret information was received that a parcel bearing AWB No. 1627783076 is lying at DHL Express Pvt. Ltd., 71/3 Rama Road, near Kirti Nagar, New Delhi. The said parcel was suspected to contain narcotic substances. The said information was reduced in writing and was placed before the Superintendant, NCB-

Signature Not Verified Digitally Signed BAIL APPLN. 3433/2024 Page 1 of 13 DZU who marked the same to Sh. Jameel Saifi, JIO/Sub Inspector for taking necessary action.

3. A team was constituted. The team collected the necessary kit required for search and seizure proceedings. The team left the office of the NCB, Delhi Zonal Unit, R K Puram and reached DHL Express Pvt. Ltd., 71/3, Rama Road, Najafgarh Industrial Area, near Kirti Nagar, New Delhi.

4. It is stated that the suspected parcel AWB No. 1627783076 was produced before the team. The independent witnesses were called. It is stated that one Sh. Virender Singh agreed voluntarily to join the team as independent witness during the seizure proceedings. Thereafter Sh. Jameel Sail offered his personal search and search of his team members to the independent witness but he declined the offer politely. Thereafter the said parcel was checked in presence of independent witness.

5. It is stated that the parcel was in the form of an off-white colour plastic packet and some documents were annexed in transparent polythene with the parcel. It is stated that the transparent polythene was removed and some documents were found i.e Express worldwide WPX DHL receipt of AWB No.1627783076, Proforma Invoice AWB no. 1627783076, Photocopy of Aadhar Card bearing No. 347119775194 in the name of Mohit Sarda, Photocopy of Pan card bearing no. H7PILDZJ92 in the name of Mohit Sarda and authorization for export shipment proforma. As per Express worldwide WPX DHL receipt AWB no. 1627783076, the name of the sender was Mohit Sarda, Flat no. 1, A-37, Sundar Singh Bhandari Nagar, Swej farm, 302001 Jaipur, India and the name of the receiver was Bestsy Davis, 2521, Cropley way Arcata, California 95521 Arcata CA, USA.

6. It is stated that the said plastic packet/parcel was opened with the help Signature Not Verified Digitally Signed BAIL APPLN. 3433/2024 Page 2 of 13 of a cutter and found to be containing six cream colour ladies purse, which was inside a black colour plastic packet. It is stated that one ladies purse was checked and some suspicious substance was hidden inside the said purse.

7. It is stated that the said ladies purse was cut with the help of a cutter and three airtight plastic pouches were found containing white colour powdery substance. It is stated that one pouch was cut and its substance was put into a plastic zip-lock polythene and a small quantity of substance was taken and tested with the help of DD Kit and gave positive result for Amphetamine (As per CRCL report Ketamine) and on weighing it came to

43 grams and was given mark "A".

8. It is stated that the second airtight plastic pouch was cut and its substance was put into another plastic zip-lock polythene and a small amount of substance was taken and tested with the help of DD Kit and gave positive result for Amphetamine (as per CRCL report Ketam