J U D G M E N T

1. The present bail application is filed on behalf of the petitioner/applicant under section 439 Cr.P.C. for grant of regular bail in FIR bearing no. 0518/2023 registered at P.S. Shahbad Dairy, Delhi under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”).

2. The perusal of FIR bearing no.0518/2023 dated 15.05.2023 registered under section 20 of NDPS Act reflects that HC Vinod Kumar on receipt of secret information on 15.05.2023 at around

11:30 A.M., apprehended the petitioner/applicant Anjali, resident of House no. B-137, Amar Jyoti Colony, Shahbad, Daulatpur, Delhi, who was stated to be indulged in the supply of ganja in Delhi, when she came outside her house at around 01:20 P.M. to deliver ganja to someone. The secret information was reduced to writing for compliance of section 42 of NDPS Act and thereafter a raiding party was prepared on the direction of senior officers. The raiding party proceeded towards the informed place alongwith necessary equipments and the secret informer and reached there at around 01:10 P.M. Inspite of request, the public persons refused to join raiding party after citing their difficulties. At about 01:19 P.M., one woman came outside the informed place i.e. House no. B-137, Amar Jyoti Colony, Shahbad, Daulatpur, Delhi and was standing near the gate of the abovementioned house carrying an orange coloured plastic bag in her hand. She was identified by the informer as Anjali i.e. the petitioner/applicant. The raiding party apprehended her. Notice under section 50 of NDPS Act was also given to her. The petitioner/applicant was found in possession of 2.700 kilograms of ganja.

3. The petitioner/applicant filed a bail application before the Sessions Court bearing Bail Regn. no. 1675/2023 which was dismissed vide order dated 18.07.2023 passed by the court of Sh. Dhirendra Rana, ASJ/Special Judge (NDPS), North, Rohini Courts, Delhi.

4. The counsel appearing on behalf of the petitioner/applicant argued that the petitioner/applicant is in judicial custody since 15.05.2023 and after conclusion of investigation, the chargesheet has already been filed. He further argued that the contraband was planted on the petitioner/applicant and the quantity of ganja recovered from the petitioner/applicant is 2.700 kg which is an ‘intermediate quantity’ i.e. more than small quantity but less than commercial quantity. The counsel for the petitioner/applicant seeks the grant of regular bail to the petitioner/applicant on the ground that the rigour of section 37 of NDPS Act is not applicable in cases where the quantity of contraband recovered is an intermediate quantity. The counsel appearing on behalf of the petitioner/applicant cited the order dated 20.07.2022 passed by Coordinate Bench of this Court in Bail Application no. 1538/2022 titled as Anita V State (NCT of Delhi)

wherein it was observed as under:-

5. In the present case, the recovery made from the applicant is 50 grams of Heroine from the cupboard of her house. The applicant has been in custody since 25.06.2021.

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7. Since only 50 grams of Heroine was recovered from the petitioner, the same comes within the „intermediate‟ quantity and the rigours of Section 37 of the NDPS Act is not applicable to the facts of the present case.

8. The applicant is a permanent resident of Delhi, namely, H. No. E-1681-1682, JJ Colony, Bawana, Delhi-110039.

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10. For the aforesaid reasons, I am inclined to enlarge the applicant on bail…

5. The Additional Public Prosecutor appearing on behalf of the respondent/State argued that in view of the facts and circumstances of the case, the petitioner/applicant is not entitled to be released on bail. He cited the judgment dated 24.01.2020 passed by the Supreme Court in Criminal Appeal Nos.154-157/2020 [arising out of SLP (Crl.) Nos.7309-7312/2019] titled as State of Kerala etc. V Rajesh etc.

6. The Coordinate Benches of this Court have considered the issue regar