1. By way of the present applications, the applicants seek grant of bail in Case No. VIII/13,13A/DZU/2020 under Sections 8/22(c)/23/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Since these applications pertain to a common FIR and arguments in both the applications were heard together, they are being disposed of by a common judgment.
2. The complaint in the present case was filed on 27th April, 2021. The applicant Kashmir @ Mausam has been in custody since 30th October, 2020 and the applicant Somdutt Singh @ Shivam has been in custody since 15th April, 2021.
3. The case set up by the prosecution is as under:
3.1 On the basis of secret information received by an officer of the Narcotics Control Bureau (hereinafter NCB), the team of NCB, Delhi reached Tirupati Courier Service Pvt. Ltd., Shop No. 27 at Punjabi Bagh, New Delhi, on 12th February, 2020 and examined three suspected parcels with sender details as Jitendra Kumar, Delhi to Aurangabad, Surat and Bokaro respectively.
3.2 The aforesaid three parcels were opened in the presence of two independent witnesses and found containing a total of 5250 tablets of Alprazolam (1050 grams), 490 tablets of Lorazepam (98 grams) and 100 tablets of Tramadol (40 grams). The samples of these tablets were sent to the CRCL for chemical analysis and the same tested positive for Alprazolam, Lorazepam and Tramadol.
3.3 Upon investigation, the owner of Tirupati Courier Service, Mr. Bharat Shiyani, supplied the address of the person who had booked the aforesaid parcels, being Flat No. 1102, Block H-3, Kingsbury, TDI Kundli, Sonipat, Haryana (hereinafter 'Kingsbury Apartment'), as well as his photograph.
3.4 On 15th February, 2020, a team of NCB, Delhi reached the aforesaid address, where the Apartment was found to be locked and on enquiry from nearby persons, it was revealed that the photograph was of one Kashmir @ Mausam, who was said to be involved in the business of medicines and resided in the said flat. The flat was unlocked by a key maker and upon inspection of the house 91,288 tablets in packing/strips and 136.278 kgs of loose tablets of various narcotics/psychotropic substances were recovered. Several documents, laptop and printer were also recovered and seized.
3.5 Subsequently, the applicant Kashmir @ Mausam was arrested on 30th October, 2020. He tendered his statement under Section 67 of the NDPS Act, wherein he admitted to having booked the aforesaid parcels seized from Tirupati Courier Services and also admitted to having kept various narcotic substances in the Kingsbury Apartment. He also disclosed the names of his associates Arun Kumar @ Varun, Rex Ajmeria @ Rajeev Rex and the applicant Somdutt Singh @ Shivam.
3.6 During the course of investigation, Rex Ajmeria @ Rajeev Rex was arrested on 12th April, 2021 and the applicant Somdutt Singh @ Shivam, who was already in custody in another case was arrested in the present case on 15th April, 2021. Arun Kumar @ Varun was arrested on 18th April, 2021.
3.7 All the accused persons were found to be connected through mobile phones and CDRs. obtained during investigations have been filed along with complaint.
3.8 On 22nd April, 2021, an employee named........