In cases of commercial quantities under the NDPS Act, the stringent twin conditions of Section 37 must be satisfied for bail, and the court cannot engage in detailed evidentiary scrutiny at the pre-trial stage, even if there are procedural lapses by the investigating agency in evidence preservation.

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VINOD S. BHARDWAJ.J (Oral)

The petitioner seeks concession of regular bail in case bearing FIR No.4 dated 29.03.2024 under Sections 21, 29 of NDPS Act and Section 201 IPC, registered at Police Station Anti Narcotic Task Force, Sector 11, Chandigarh.

2. The First Information Report was registered on the complaint submitted by SI Sumer Singh, pursuant to a secret information received by the police officials during the course of patrolling duty. It is stated that on 28.03.2024, the complainant along with other police officials, namely HC Anil, Constable Sumit, Lady Constable Sarabjit Kaur, and Constable Sandeep (driver of the government vehicle bearing No. CH01GA-0468), was on routine patrolling duty in the Union Territory area for crime prevention. At about 11:45 PM, when the police party reached the rear side of the bus stand at Sector 43, Chandigarh, a secret informer approached the complainant and conveyed that one Vikramjeet Singh @ Vicky, a resident of Moga, Punjab, along with a female companion, Avneet Kaur, was engaged in the supply of heroin in Chandigarh and the Tricity region. It was further informed that the said persons were travelling in a Glanza car bearing registration No. PB65AB-0880 and were carrying a substantial quantity of heroin, which they intended to deliver near the small lake at Sector 42, Chandigarh. Considering the information to be credible, the same was communicated to the senior officers and a trap was laid at the indicated location. Upon reaching the vicinity of the small lake at Sector 42, the police party took strategic positions. At about 1:00 AM, a Glanza car bearing the aforesaid registration number arrived at the parking area. A male person alighted from the driver’s seat and a female from the passenger seat. They were apprehended and upon identification, they disclosed their names as Vikramjeet Singh, son of Naseeb Singh, resident of Village Baje Ke, Tehsil Dharmkot, District Moga, Punjab, aged 28 years, and Avneet Kaur, daughter of Davinder Singh, resident of House No. 217, D1 Wembley Society, Sector 91, Mohali, aged 22 years. Both individuals were apprehended and the concerned officials were informed. Thereafter, videography and photography arrangements were made and DSP Udaypal Singh reached the spot. Under his supervision, the accused were interrogated, during which they disclosed that heroin was concealed in their vehicle. Upon search of the vehicle, a packet was recovered from behind the music system. The recovered packet was found to be multi-layered and contained a substance resembling heroin. The substance was tested on the spot using a drug detection kit, which returned a positive result for heroin. The total weight of the recovered substance was initially found to be 1.046 kilograms and after removal of certain layers of packaging, the net weight of the contraband was determined to be 1.012 kilograms. The recovered substance was sealed and the case property, along with the vehicle, was taken into possession. Accordingly, a ruqa was prepared and sent for registration of the present FIR.

3. Learned counsel appearing on behalf of the petitioner, inter alia, raises the following arguments:

(i) That the petitioner is alleged to have been apprehended at about 1:00 AM from the area of Sector 42 Lake, Chandigarh. However, the petitioner had, at an earlier stage, moved an application seeking preservation of CCTV footage covering the route from Kharar to Chandigarh, to