Order 6

Order Details: COPY OF ORDER
Pdf Text: Regular Bail Application
FIR No. 206/2023
STATE Vs. Sonu
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 483 of BNSS, 2023 filed on behalf of accused/
applicant Sonu.
2. Arguments have already been heard on the bail application
of the accused/ applicant Sonu U/s 483 of BNSS, 2023 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. Learned counsel for applicant/ accused
has relied upon the following case law/ citation :-
(i) Vishwajeet Singh Vs. State (NCT of Delhi), Bail Appl.
No. 3148/21, decided on 28.02.2024 by the Hon'ble High
Court of Delhi;
4. Per contra, learned Addl. PP for the state has opposed the
FIR No.206/23, STATE Vs. Sonu, PS Crime Branch
Pages No. 1/3
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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
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. Ld. Addl. PP also
submitted that regular bail application of the applicant/ accused
Sonu has already been dismissed on earlier occasion i.e. on
20.11.2023.
5. Upon secret information, a trap was laid down in this case
on 22.08.2023 and accused/ applicant was apprehended with a
Tempo bearing no. DL-1LU-9784 containing 80.550 Kg Doda
Post (Opium). Another Tempo no. DL-1LU-9094 was also
apprehended at the same time as both tempos were coming
together and contraband i.e. Doda Post weighing 80.250 Kg was
recovered alongwith co-accused Chand and Pappu Kumar. The
accused/ applicant was driving the Tempo no. DL-1LU-9784 and
huge quantity of contraband i.e. 80.550 Kg Opium Doda has
been recovered from two bags in the said tempo. The quantity of
contraband recovered is commercial in nature. 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
FIR No.206/23, STATE Vs. Sonu, PS Crime Branch
Pages No. 2/3
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NDPS Act is not satisfied. The precedent relied upon by the
learned counsel for applicant/ accused is of no help to him. 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 Sonu stands dismissed.
6. The observations made on the merits of the case are purely
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. Sonu, PS Crime Branch
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