Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: Regular Bail Application
FIR No. 206/2023
STATE Vs. Chand
PS Crime Branch
U/s 15/18/25/29 NDPS Act
19.10.2024
O R D E R :
1. This order of mine shall dispose of the regular bail
application U/s 439 Cr.P.C. filed on behalf of accused/ applicant
Chand.
2. Arguments have already been heard on the bail application
of the accused/ applicant Chand Under Section 439 Cr.P.C.
seeking regular bail. I have also perused the record.
3. Ld. Counsel for applicant/ accused argued that accused/
applicant is innocent has been falsely implicated in the case as he
is a Tempo Driver and received a call from the Tempo owner who
told the applicant/ accused to reach the parcel branch of Old
Delhi Railway Station where co-accused Pappu would book the
Tempo for delivery of few cartons and thus cartons were loaded
in the tempo to them at the given destination. Ld. Counsel
submitted that the accused/ applicant was not aware about the
contents of the cartons.
4. Per contra, learned Addl. PP for the state has opposed the
bail application and submitted that commercial quantity of
contraband i.e. 80.250 Kg of Opium Doda has been recovered
from the Tempo at the instance of accused/ applicant and co-
accused Pappu Kumar and therefore, the bar of Section 37 NDPS
FIR No.206/23, STATE Vs. Chand, PS Crime Branch
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Act applies in this case and bail be denied to the applicant/
accused. Ld. Addl. PP further submitted that no blanket
presumption can be drawn to the effect that accused/ applicant
did not know the contents of the cartons.
5. Upon secret information, a trap was laid down in this case
on 22.08.2023 and two persons i.e. accused/ applicant and co-
accused Pappu Kumar were apprehended with a Tempo bearing
no. DL-1LU-9094. The co-accused Pappu Kumar was sitting
besides the applicant/ accused. Another Tempo no. DL-1LU-
9784 was also apprehended at the same time as both tempos were
coming together. The accused/ applicant was driving the Tempo
no. DL-1LU-9094 and huge quantity of contraband i.e. 80.250
Kg Opium Doda has been recovered from two bags in the said
tempo. The quantity of contraband recovered is commercial in
nature. Commercial quantity of 80.550 Kg Doda Post has also
been recovered from the other Tempo i.e. Tempo no. DL-1LU-
9784. The contention that the applicant/ accused was not aware
of the contents of the cartons cannot be accepted at this stage as
the same is a matter of trial. At this stage, no satisfaction can be
drawn by this court that there are reasonable grounds for
believing that the applicant/ accused is not guilty of such offence
and he is not likely to commit any offence while on bail. Thus
the bar of Section 37 of NDPS Act is not satisfied. In view of the
same, no ground for grant of bail is made out. Accordingly,
application seeking grant of regular bail to the applicant/ accused
Chand stands dismissed.
6. The observations made on the merits of the case are purely
FIR No.206/23, STATE Vs. Chand, PS Crime Branch
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for the purposes of deciding the present bail application and shall
not be construed as expression upon the merits of the case.
7. Copy of the order be given dasti to the IO as well as to the
Ld. Counsel for applicant/ accused and be communicated to the
applicant/ accused through Jail Superintendent for information.
(PRANJAL ANEJA)
Special Judge, NDPS-02,
Central,THC, Delhi/19.10.2024(kk)
FIR No.206/23, STATE Vs. Chand, PS Crime Branch
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