9911796707
TMI Blog2021 (6) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... 02.2021 and 23.03.2021 passed by the learned trial court, vide which his applications seeking bail have been dismissed. Vide present petition, petitioner is seeking bail in the present case. 3. The brief facts of the present case, as noted in the impugned complaint, are that on 18.12.2020, a secret information was received that one Nepali National of small built wearing yellow colour clothes will come near Gate No. 1 Metro Station East of Kailash, New Delhi between 1800-1900 hours and he might be carrying narcotics drugs for the purpose of delivery of the same to his client. Upon receipt of said information, a raiding team was constituted and after collecting seal of Narcotics Control Bureau DZU-3, testing kit, IO Kit and other necessary a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Madan Lama and he had handed over Rs. 9500/- to him for the same. 6. Out of 47 packets recovered, 22 packets were containing small disk circular shape substance, 09 packets were containing substance in small sticks shape and rest 16 packets were containing substance in the shape of small stones. 7. The substance of 22 packets was tested individually and found positive for charas. Since substance of 22 packets was found similar in colour, texture and shape as well as the fact that same was found positive for charas therefore substance of all 22 packets was collected in a polythene and weighed and it was found to be 215 grams. The said polythene was tied with string and converted in cloth pulanda Mark-A. 8. The substance of 9 packets was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lama tendered his voluntary statement under Section 67 of NDPS Act, wherein he admitted his involvement in drug trafficking and sale/ purchase of the narcotics drugs. He also disclosed that he came to the spot along with recovered contraband and he sold one packet containing charas to the coaccused Haresh Rawat for Rs. 9500/- and they were apprehended by the NCB officers at the spot. During search and seizure proceedings, 475 grams charas and Rs. 21,500/- were recovered. Besides, he also disclosed about other persons, namely, Kalpna and Saroj Bhujel, who were actively involved with him in illegal trafficking of contraband and provided their mobile numbers. 13. Similarly, present petitioner in his voluntary statement under Section 67 of NDP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalysis. Therefore, it cannot be ascertained that the packet allegedly recovered from the possession of the petitioner contained narcotic substance, i.e. charas and further, since samples were drawn after more than 50 days of the alleged recovery, it is in violation of procedure laid under NCB Standing Order 1/88 and Government of India, Ministry of Finance Standing Order 1989/19 and Section 52A of NDPS Act. 18. It was next submitted by learned petitioner's counsel that there are no public witnesses to corroborate the prosecution story and that the chats produced by the NCB are messages exchanged between friends. There is no conclusive evidence of weight and chemical analysis of the contraband recovered and also that 'small quantity' of ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the illegal trafficking of contraband for money for the last few years. 22. Learned Standing Counsel also submitted that the trial court has rightly dismissed petitioner's bail application twice and since petitioner has admittedly committed grave offence, he has no case on merits and this petition deserves to be dismissed. 23. The contentions raised by both the sides were heard at length and the material placed on record has been carefully perused. 24. In the present case, 46 small zip lock polythene packets containing contraband were recovered from the bag of co-accused Madan Lama and 01 packet was recovered in possession of present petitioner. In total, 475 gm. contraband/ heroin was recovered in this case. 25. Petitioner has clai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of bail in case of recovery of 'small quantity' of contraband and held that where the recovered contraband is 'small quantity', the offence is bailable. 29. The substance recovered in this case is not of commercial quantity. Thus, the bar of Section 37 of NDPS Act is not applicable. Moreover, petitioner is in judicial custody since 19.12.2020. Charge sheet in this case has been filed but Charge is yet to be framed and trial will take substantial time. Accordingly, this Court is of the considered opinion that petitioner deserves to be released on bail. 30. Consequently, without commenting on the merits of the case, the petitioner is directed to be released on bail forthwith upon his furnishing personal bond in the sum of Rs. 25,000/- with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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