(1.) The instant application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') on behalf of the petitioner praying for regular bail in FIR No. 67/2021 registered at Police Station Crime Branch for offences punishable under Sec. 20/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act').
(2.) Mr. R.K. Ojha, learned counsel appearing on behalf of the Petitioner stated that the petitioner is an innocent, law-abiding citizen who has no criminal antecedents and is not a previous convict. It has also been submitted that there is no public witness to substantiate the allegations levelled against the petitioner. Learned counsel further submitted that the petitioner has not indulged in any illegal activity like cultivating, producing, manufacturing, selling, purchasing, possessing, ware housing, transporting, using, consuming etc. of any narcotic drugs or psychotropic substances, hence no offence under the NDPS Act is made out against him. It has also been submitted that there are several precedents of the Hon'ble Supreme Court ruling that bail is a matter of rule and denial is the exception. It has further been submitted that petitioner is ready and willing to abide by all the terms and conditions imposed by this Hon'ble Court and is ready to furnish sufficient bail bond.
(3.) Per contra, Ms. Kusum Dhalla, learned APP for the State vehemently opposed the bail application and laid out the facts of the case as under: