IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 01.04.2025 + BAIL APPLN. 3254/2024 MIKE ANTHONY (IN JC) .....Applicant versus NARCOTICS CONTROL BUREAU ..... Respondent Advocates who appeared in this case:

For the Applicant : Mr. Vikram Hegde, Mr.Chitwan Sharma &

Mr.Harsh Jain, Advocates For the Respondent : Mr. Arun Khatri, Sr.Standing Counsel with Ms. Shelly Dixit, Ms. Shreya Lamba, Ms. Anoshuka, Mr. Sahil &Mr. Akshay, Advocates CORAM HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

1. The present bail application is filed seeking regular bail in Case No. VIII/23/DZU/2023, registered for offences under Sections 8 (c), 22(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).

2. The brief facts of the case are as follows:

2.1. On 24.05.2023, on the basis of secret information, a parcel bearing no. AWBZ16279354 was intercepted at DTDC Express Pvt.

Signature Not Verified Signed By:HARMINDER BAIL APPLN. 3254/2024 Page 1 of 18 Ltd., Village Samalkha, New Delhi. The said parcel was checked in the presence of independent witnesses and 9 LSD Blots (0.15 g) were recovered from the same.

2.2. On the same day, details of the parcel were enquired from DTDC, and in reply to the same, DTDC informed about the email received from the receiver of the parcel. The parcel was destined for the applicant at his address in South Goa.

2.3. On the basis of the collected evidence, a team of NCB intercepted the applicant at the DTDC Office, Margao. During preliminary investigation, the applicant stated that he had come to collect the parcel in question. The applicant also showed his wicker me chat with the sender of the parcel with the profile name–

‘saulbadman007’ and the email that was sent to DTDC.

2.4. Notice under Section 67 of the NDPS Act was served to the applicant where he disclosed that he was using the wicker me app with the user name ‘blotterson’. He stated that the payment for the order was made through cryptocurrency and the sender had informed him that he had sent 09 LSD Blots through the parcel. The applicant was arrested on 26.05.2023 and is in custody since then.

2.5. During investigation, it was found that the concerned parcel was booked by co-accused Gajender Singh with his associate Shainu, who used the wicker me profile ‘Saulbadman007’. It was found that the aforesaid persons were in NCB in relation with their Delhi Zonal Unit Case VIII/24/DZU/2023.

Signature Not Verified Signed By:HARMINDER BAIL APPLN. 3254/2024 Page 2 of 18

3. The learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the present case.

4. He submitted that the application under Section 52A of the NDPS Act was filed on 04.08.2023, that is, after more than a delay of 73 days and the samples were thereafter sent to CFSL Laboratory after more than 72 hours. He submitted that the same creates a doubt on the credibility of the prosecution.

5. He further submitted that the weight of the contraband recovered from the applicant came out to be 0.15 g, however, in the absence of any quantitative determination of LSD in the said paper blots, it cannot be ascertained as to what is the quantity of LSD recovered from the applicant. He submitted that in such circumstances, it cannot be said that the recovery was of commercial quantity.

6. He submitted that the blotter paper is a carrier and its weight is to be excluded. He submitted that LSD is a crystal which is mixed with alcohol and then dropped on paper. He submitted that while the weight of alcohol can be included, however, the weight of paper cannot be included. He submitted that if the weight of blotter paper is included, there could be no recovery of small quantity, which is, 0.002g. He relied upon the judgment of the Hon’ble High Court of Kerala in the case of Jagath Ram Joy : Bail Application No. 2530/2022 where it was held that the weight of blotting paper is to be Signature Not Verified Signed By:HARMINDER BAIL APPLN. 3254/2024 Pag