1. This is a petition under S.483 read with S.528, BNSS, 2023 filed on behalf of the petitioner in case FIR No.124/2023 under S.8/21/25/29, NDPS Act and under S.14 - A of Foreigners Act.

2. Learned counsel for the petitioner has submitted that police did not comply with the mandatory provision under S.42(2) of NDPS Act. It is submitted that the secret information was neither taken down in writing nor sent to superior officers. It is argued that non compliance of provision of S.42 NDPS Act is fatal to the prosecution case and in this regard he places reliance on the decision of a Coordinate bench of this Court in the case of Victo Vecent Joseph v. The State of NCT of Delhi, Bail Appln. 2570/2024.

3. Learned counsel further submits that the police has not complied with the mandatory provisions of S.50 of the NDPS Act in as much as no notice under S.50 of the NDPS Act was given to the petitioner merely on the ground that he was only wearing an underwear at the time when he was apprehended.

4. It is further submitted that no photography or videography of recovery has been made which is essential and in this regard he places reliance on the decision of the Coordinate bench of this Court in the case of Seema v. State NCT of Delhi, Bail Appln. 3391/2024.

5. He further states that the applicant has been in custody for the last about two years and has no criminal antecedents and, therefore, is entitled to be enlarged on bail.

6. The bail application has been opposed by learned APP arguing that the necessary compliance was made under S.42, NDPS Act before conducting the raid. According to him the mandatory compliance was made prior to the registration of the FIR and applicant was arrested subsequently on the basis of further secret information and, therefore, there was no requirement of making fresh compliance of S.42, NDPS Act. He further submits that the alleged contraband was not recovered from the person of the applicant and, therefore, there was no requirement to give notice under S.50 of the NDPS Act to the present applicant. He further states that the police had no opportunity to make the arrangement for the videography or photography as the same was not feasible under the circumstances the recovery was affected from the present applicant. He places reliance on the judgment of Chidi Berr Nwayoga alias James v. State dated 24.08.2022, 2022, Crl.A.1087/2017.

7. Learned APP has further submitted that within a short period of time since after the filing of the chargesheet, 6 witnesses out of 25 witnesses have already been examined. Applicant is a flight risk being a foreigner who was staying in the country without any passport or VISA in his possession. It is submitted that there is a recovery of 300 grams of Heroin from the packet thrown by the applicant and the applicant has not been able to overcome the rigors of S.37 of the NDPS Act. He states that otherwise also there is a presumption in favour of the acts done by the public servant and, therefore, under the facts and circumstances no ground is made out for grant of bail.

8. I have considered the rival submissions and have perused the record.

9. As per the prosecution version, on 28.04.2023, co - accused Benjamin was apprehended on the basis of secret information and on the search of his bag, 276 grams of heroine was recovered. Upon interrogation, he disclosed that he used to buy the contraband from his friend John Oha alias Jack (petitioner herein).

10. On 22.05.2023, a secret informer came at Anti - Narcotics Office and gave information that petitioner will be going to deliver illegal drugs at Union Bank, Chander Vihar Nala around 5.00 - 5.30 pm and if raid is conducted, he can be caught red handed.

11. Based upon such information, raiding team took positions in the nearby area. At about 5.00 pm, two Nigerian Nationals were seen coming from the side of Paschim Vihar on a white colour Scooty. The informer identified the person driving the Scooty as appellant John. Effort was m