MANVINDER SINGH MARWAH @ ROMI Vs. STATE

JUDGEMENT

(1.) THIS is an application u/s 439 of Cr.P.C. for the grant of bail in case FIR No.20/2012 under Section 21/29 NDPS Act and Section 14 of the Foreigner Act P.S. Special Cell pending before the learned ASJ, New Delhi.

(2.) THE case of the prosecution is that on the basis of secret information, the present petitioner was apprehended on 22.8.2012 at about 10.55 p.m. near Moolchand Hospital and 46 gms. of cocaine was recovered from him. As per allegations, the petitioner also disclosed that he had taken the delivery of the alleged contraband from two persons, namely, Lamba and Aik. He further disclosed that the other person Aik is presently in Delhi and on his disclosure statement the co -accused Ernest @ Aik was apprehended from the footpath near South Extension. It is further alleged that from his possession 105 gms of cocaine was recovered. The further allegations in the charge sheet are that the present petitioner as well as co-accused in conspiracy with each other were indulging in illegal trafficking of drugs.

(3.) IT is further contended that the alleged recovery of 46 gms. of cocaine falls in the category of less than commercial category and thus embargo u/s 37 of NDPS Act is not applicable. It is submitted that petitioner is in custody for the past about 8 months. There is no previous involvement of the petitioner. The trial will take substantial time. The petitioner earlier was granted interim bail and he had not misused the same. The alleged recovery is not believable, as such petitioner be admitted to bail.