Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 171/2025
STATE OF DELHI Vs. ABDUL MALIK ALIAS PARVEZ AND ORS
FIR No.10/2024
PS Crime Branch-Central Delhi
09.04.2025
Present: Sh. Alok Saxena, Ld. CPP for State.
Both accused produced from JC.
Sh.Akshay Bhandari, Ld. Counsel for both the
accused.
IO ASI Mahesh along with Inspector Arvind Kumar
in person.
Ld. Counsel for both the accused have conceded to the
charge as per the allegations in the chargesheet.
In brief, IO has alleged that the facts of the present case
are that earlier one parcel in another matter was received in October
2023 at R.K.Puram Post Office containing Ganja and on noting the
name and phone number of the receipent as well as of the sender, the
said noting was given to the foreign post office that in case any other
parcel is received from foreign country with the same description of
the name and phone number of either the receipent or the sender, the
same shall be informed to the police. Then, in November, 2023, the
foreign post office informed to the police about three parcels which
were connected to the said earlier parcel and with the same description
and the said three parcels were seized in the said FIR number. But, in
January 2024 the foreign post office informed to the police about the
receipt of four more parcels out of which in the three parcels the
phone number of the sender is same as the earlier aforesaid parcels
received in the year 2023 and in all the four parcels, the phone number
of the receiver was same. Out of the all said four parcels, total
recovery of 5.137 kgs. of American Ganja was made. The parcels on
investigation led us to both the accused persons and on raiding the
accused Abdul Malik, further recovery of 871 grams of American
Ganja was recovered from accused Abdul Malik and the parcel was
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mentioned to be received in one of the address of the closed factory of
father of accused Mayank Nayyar. On further investigation and on
disclosure of accused Abdul Malik, co-accused Mayank Nayyar was
arrested and on the mobile number mentioned on the parcel, the
connectivity of the handset of said mobile number was made with the
father of accused Mayank Nayyar, although the father of accused
Mayank Nayyar has already expired in August 2023. The said handset
was recovered at the instance of accused Abdul Malik from PW Luke
Samson and in the said handset, two mobile numbers were used which
were in the name of father of accused Mayank Nayyar and in the said
handset, two other mobile numbers were also used which were in the
name of accused Abdul Malik. IO has also verbally stated that when
the accused Mayank Nayyar was arrested and his mobile phone was
seized and on checking it was found that he was having account with
crypto currency and accused Mayank Nayyar has also used his mobile
phone by installing an app “Session” for connecting with the dark web
for placing the order for the said parcel. Thereafter, in November,
2024 despite seizure of the four parcels in the present case in January
2024, the accused Mayank Nayyar did not stop his drug trade and in
November 2024, accused Mayank Nayyar connected with the dark
web in the fake name of seller “Flower Bro” signifying ganja flower.
Also, accused Mayank Nayyar has purchased 30,000 dollars in crypto
currency through whatsapp from seller “Bobby Crypto” for payment
to “Flower bro” seller of the said 6 kgs. American Ganja. Out of
which both the present accused have sold the said American Ganja
and the remaining unsold 871 grams ganja was recovered from
accused Abdul Malik and both the accused were arrested in January
2025. The payment was made by accused Mayank Nayyar to Flower
Bro in crypto currency from last week of November 2024 to First
week of December 2024. Even, accused Mayank Nayyar has paid
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further payment to Flower Bro, seller of contraband through crypto
currency from 10.01.2025 to 14.01.2025 for the next lot of parcel. IO
has stated that finally the accused was arrested on 16.01.2025.
At this stage, IO has stated that the FSL report of 871
grams of American Ganja recovered from accused Abdul Malik is still
awaited. However, FSL report of the four parcels have already been
received and placed on record.
Heard.
Since the charge could not be framed without receiving
the FSL report of the entire recovered contraband. So, put up for
further arguments on the charge for the NDOH.
IO is directed to file the FSL report of the remaining
quantity of the contraband on or before the NDOH.
IO is bound down for the NDOH.
Re-notify on 31.07.2025.
(Ekta Gauba Mann)
Special Judge (NDPS-01)
(Central) Tis Hazari Courts
Delhi/09.04.2025
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