CHANDRA DHARI SINGH, J. - (1.)The present application has been preferred under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code ") for seeking regular bail in FIR bearing No. 192/2017 registered at Police Station Crime Branch under Sec. 22 of Narcotics, Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act ").
(2.)The factual matrix in the instant case, as submitted by the prosecution, is as under:
a) On 29/10/2017, ASI Pawan Kumar of Narcotics Cell Crime Branch, received a secret information that one person namely Kamal Kalra resident of Rohini Delhi who was involved in sale and supply of Ecstasy (a party drug) in Delhi-NCR, and would come near Goodwill Apartment Sector-13, Rohini, Delhi with his associate Akshay in between 06:30-07:00 PM to deliver Ecstasy to someone. The secret information was shared with Inspector/NCB, who verified the facts and conveyed the same to ACP/NCB. The ACP ordered to conduct a raid. The secret information was reduced into writing vide DD No. 07 dated 29/10/2017 at 05:50 PM at Narcotics Cell, Crime Branch and the same was forwarded to senior officers in compliance of Sec. 42 of the NDPS Act.

b) After obtaining permission from senior officers and following all the mandatory provisions under NDPS Act, ASI Pawan Kumar organized a raiding party comprising of himself, ASI Satbir Singh, and HC Satender Pal and left for the spot at 06:00 PM vide DD No. 8 in a private vehicle No. HR-10N-0449. On the way to the spot, public persons were requested to join the raiding party but none of them agreed.

c) Trap was laid at the spot and at the instance of informer, one person was apprehended at about 07:05 PM whose identity was revealed as Kamal Kalra s/o Rajinder Kaira r/o F-3/58 (2nd Floor) Sector-11, Rohini, Delhi. The apprehended person was apprised about the secret information and his legal rights to be searched in presence of a Gazetted Officer or Magistrate. A written notice u/s 50 NDPS Act was also served upon him, but he declined to be searched in presence of a G.O/Magistrate.

d) Thereafter his formal search was carried out wherein, 100 Pills of Ecstasy (weighing 42 grams) were recovered from his possession. The recovered contraband was seized after taking out two samples of 10 pills each. Accordingly, the FIR bearing No. 192/17 dated 29/10/2017 under Ss. 22/29 of the NDPS Act was registered at Crime Branch and further investigation of the case was carried out by ASI Dushyant Kumar.

e) During investigation, IO/ASI Dushyant Kumar arrested the accused Kamal Kalra who made a disclosure statement, stating therein that he procured the recovered contraband from Mahesh Goel and disclosed the Mobile number of the Applicant. Accused Kamal Kalra was allowed to use his seized Mobile phone during PC remand just to apprehend the applicant.

f) Accordingly, at the instance of accused Kamal Kalra, Applicant was apprehended at 8:30 PM on 31st October 2017 from Dwarka and 20 grams of 3,4-Methylenedioxymethamphetamine (MDMA) was recovered from his possession and subsequently he was arrested in the case. Exhibits were sent to FSL for analysis and the report thereof received was positive for Ecstasy (MDMA).

(3.)The investigation has been completed and chargesheet has been filed before the Court of Learned ASJ. Charges have been framed by the Learned Trial Court on 15th November 2018 qua the commission of offences under Ss. 22 and 29 of the NDPS Act.