JUDGEMENT

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), seeking regular bail in Case No. VIII/35/DZU/2018 registered under Sections 9(A)/25(A) of the NDPS Act.

2. Briefly stated, the facts relevant for the adjudication of the present application are as under:

2.1 On 04.11.2018, on the basis of secret/source information, the officers of the Narcotics Control Bureau (NCB) intercepted the applicant at Hazrat Nizamuddin Railway Station, when she arrived at the Taxi Lane outside the Railway Station building Platform no.1. The applicant was seen to be carrying 3 bags with her.

2.2 Thereafter, a notice under Section 50 of the NDPS Act was served upon the applicant, and she was apprised of the content therein and was also informed that she has the right to be produced before a Magistrate or a Gazetted Officer prior to her search. The applicant, however, declined to be searched in the presence of a Magistrate or a Gazetted Officer.

2.3 The NCB team in the presence of the independent witnesses carried out a search of the applicant’s violet-coloured trolley bag, and on opening the said bag 4 transparent packets were found consisting of quilts in each packet where white coloured crystalline substance was found hidden inside the folds of the quilts. On asking the applicant about the substance, she disclosed it was Amphetamine.

2.4 The contraband recovered from the possession of the applicant was also checked by the NCB Officers with the help of a field-testing kit and it tested positive for Amphetamine, weighing 16.4 kg. It is alleged that nothing incriminating was found in the other two bags of the applicant.

2.5 The panchnama was drawn on the spot in the presence of public witnesses and notice under Section 67 of the NDPS was served upon the applicant wherein she was asked to appear at the NCB office forthwith, to tender her statement.

2.6 During the course of the investigation, on 5.11.2018, the applicant gave her statement under Section 67 of the NDPS Act admitting the recovery of contraband from her baggage and also confessed that she was involved in the trafficking of drugs.

2.7 Pursuant to the recovery made from the applicant of 16.4kgs of the contraband (which as per the CRCL report tested positive for Ephedrine Hydrochloride), and based on her voluntary statement under Section 67 of the NDPS Act, the applicant was arrested, subsequently, on 05.11.2018.

2.8 Based on the investigation conducted and the evidence gathered, the complaint was filed under Sections 9A and 25A of the NDPS Act. Charges qua the present applicant were framed vide order dated 12.07.2019 passed by the learned Trial Court.

2.9 The applicant's second application for bail moved before the learned Trial Court was rejected by the learned Special Judge - NDPS/ASJ (South), Patiala House Courts, New Delhi vide order dated 13.05.2021. Hence, the present application for bail.

3. At the outset, learned counsel appearing on behalf of the applicant submitted that rigors of Section 37 of the NDPS Act will not apply to the present case, since the recovery is that of a controlled substance.

4. The learned counsel submitted that the complaint has been filed and charges have been framed by the learned Trial Court, and till date only three witnesses have been examined. So far as, material witnesses are concerned, none have been examined till date. He stated that the way and the manner in which the trial is proceeding, it is likely to take substantial time.

5. The learned counsel submitted that the applicant is in incarceration since the date of arrest, i.e., 05.11.2018, which is more than five years.

6. He submitted that the procedural violation of collection of the samples of the controlled substance is apparent from the complaint, and the same has been conducted in a manner violating the mandate of the law under the St