Suresh Kait JUDGMENT
Suresh Kait, J.
1. Petitioner has been accused of having committed offences under Sections 22(C), 23(C) & 29 NDPS Act and in this regard, a complaint case No. SC/110/2020, titled as "NCB Vs. Jitender Bhati & Anr. " has been filed before the Court of learned Special Judge. He is said to be in judicial custody since 11.10.2019.
2. The crux of the present case is that on 11.09.2019, on the basis of secret information received, a team of NCB/DZU-I was constituted and reached DHL Express Ltd, Rama Road, Kirti Nagar, New Delhi and conducted search and seizure proceedings in the presence of independent witness with regard to a parcel bearing AWB No. 1427173425 and recovered 150 gms of Amphetamine as per field testing kit. The recovered substance was seized under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985. During the investigation, petitioner-Jitender Bhati was served with the notice under Section 67 of NDPS Act and his voluntary statement was recorded on 11.10.2019. Besides petitioner's statement, there is statement of co-accused Dhruv Kulbe in which he has stated that every 2-3 days, he used to receive parcels of foreigners on the ID of Jitender Bhati and he had warned him not to do so. This witness-Dhruv Kulbe has also stated that their agency is not authorized to accept international parcels but Jitender Bhati used to accept these parcels. Similar is the version of Shyam Lal Bhati who has stated that on the asking of Jitender Bhati, he used to accept international parcels from African nationals and used to send it to Dhruv Kulbe.
3. Consequent upon recovery of 150 gms of Amphetamine and after recording petitioner's statement under Section 67 of NDPS Act on 11.10.2019, there were reasons to believe that he had committed offence under Sections 22/29 NDPS Act, therefore, petitioner was arrested on 11.10.2019.
4. The learned trial court, after hearing arguments advanced by both the sides, dismissed petitioner's bail application vide impugned order dated 07.11.2020 while holding as under:-
"The IDs of present accused is used in sending the alleged parcel concealing the contraband. The statement of Dhruv Kulbe categorically suggest that accused Jitender Bhati used to send the parcels of the co-accused on his own ID number of times and in this regard, he has also warned the accused. From the record, prima facie case is clearly made out against the present accused and the charges have already been framed. There is recovery of commercial contraband thus definite bar under Section 37 NDPS Act though the contraband belongs to co-accused Monye Alexander however at this stage, it cannot be inferred that present accused do not have the knowledge about the concealment of contraband at this stage. There are no reasonable grounds for believing that accused is not guilty of the offences with which he is charged and further that he is not likely to commit any offence while on bail. In present facts and circumstances, I don not find any ground to release the applicant/accused Jitender Bhati on bail. Hence the present application is dismissed."
5. The present petition has been filed by the petitioner on the ground that he is innocent and has been falsely implicated in this case.
6. At the hearing, learned counsel for petitioner assailed the impugned order on the ground that the learned trial court has failed to take into consideration that the day on which parcel containing contraband ........