HARESH RAWAL Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The present Petition has been filed seeking bail in the case arising out of C.C. No. VIII/59/DZ/2020, registered at NCB, R.K. Puram, under Section 8/20(b)/ 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as the "NDPS Act "), which is pending trial.

(2.) Petitioner is aggrieved by orders dated 29.02.2021 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 articles used for search and seizure proceedings, reached the spot at about 1800 hours. The raiding team tried to join independent witness by contacting two/three persons from the public but none agreed by stating their genuine problems. The surveillance mounted near Gate No.l of the metro Station observed that one person wearing yellow colour sweat shirt whose description was matching with the secret information, carrying black colour bag on his shoulder came out and met another person wearing black colour jacket. The person who was wearing yellow colour shirt handed over a small packet to the person wearing black colour jacket, who in turn gave some amount in cash to him. At this point of time both of them were apprehended by the NCB Team and they were apprised about their identity, secret information and purpose of visit.