Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: FIR No.10/24
PS Crime Branch
State v.Mayank Nayyar
u/s 20/23/29 NDPS Act
09.04.2025
Present: Sh. Alok Saxena, Ld. CPP for State.
Sh.Akshay Bhandari, Ld. Counsel for the applicant
/accused Mayank Nayyar.
IO ASI Mahesh along with Inspector Arvind Kumar
in person.
This order of mine shall dispose off the application
for grant of bail to the applicant / accused Mayank Nayyar.
Arguments on the bail application heard and the
application and IO reply and the case file perused.
Keeping in view the contention of the applicant /
accused Mayank Nayyar that there is no recovery against the
present applicant / accused Mayank Nayyar and no CDR details
prior to the recovery of four parcels in January 2024 and
therefore, the present applicant / accused Mayank Nayyar could
only be said to be connected with the recovery of 871 grams of
American Ganja recovered from co-accused Abdul Malik which
is a small quantity and which is a bailable offence and therefore,
applicant / accused Mayank Nayyar may kindly be granted bail.
On the other hand, this contention has been rightly
rebutted by Ld. CPP for the State on the ground that the
allegations against the applicant / accused Mayank Nayyar is of
conspiracy in the recovery of 5137 grams of American Ganja and
also the recovery of 871 grams of American Ganja i.e. in total
recovery of 6008 grams of American Ganja which is an
intermediate quantity and is a non-bailable offence. Ld. CPP for
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the State has also rightly rebutted that the allegations against the
applicant / accused Mayank Nayyar are of main conspirator as
there is prima facie evidence on record regarding the connectivity
of the applicant / accused Mayank Nayyar with the co-accused
Abdul Malik and even, the applicant / accused Mayank Nayyar is
the kingpin placing the order for supply of American Ganja
through the dark web and even, making the payment of the same
through the crypto currency and as per IO report, applicant /
accused Mayank Nayyar has paid the supplier of the American
Ganja through crypto currency of Rs.70 Lakhs. IO has verbally
stated that there is a complete syndicate of applicant / accused
Mayank Nayyar and the applicant / accused Mayank Nayyar is
dealing in the said drugs trade by use of dark web as well as by
making payment through crypto currency and the other members
of his syndicate has to be arrested yet and further the
supplementary chargesheet would also be filed in the present
case. IO has also verbally stated that as per the mobile phone of
the applicant / accused Mayank Nayyar which was seized at the
time of his arrest, the dealings of the applicant / accused Mayank
Nayyar for purchasing the American Ganja through the dark web
from a seller named “Flower Bro” as well as the payment made
to him by the applicant / accused Mayank Nayyar of dollar
30,000 in crypto currency after purchasing the said crypto
currency from a person called Bobby Crypto and the said details
have been seized from the mobile phone of the applicant /
accused Mayank Nayyar. IO has also verbally stated that if the
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applicant / accused Mayank Nayyar would be granted bail then
he would destroy all the evidence required in the present case.
Ld. CPP for the State has strongly opposed the bail
application of the applicant / accused Mayank Nayyar and
requested that applicant / accused Mayank Nayyar should not be
granted bail because he would destroy and tamper the entire
cyber evidence against him.
Keeping in view the aforesaid contentions of the
prosecution as well as the IO and in view of the fact that as per
chargesheet, there are allegations that applicant / accused
Mayank Nayyar was main conspirator in purchasing the
contraband through dark web and making payment of the same in
crypto currency and continuing in the drug trade despite seizure
of his earlier parcels by the police in the year 2023 in other
matter and dealing with the said drug trade till 14.01.2025 i.e.
two days prior to his arrest. Also, considering the fact that there
is recovery of 6008 grams of American Ganja in the present
matter which is an intermediate quantity. Thus the allegations
against the applicant / accused Mayank Nayyar are grave and
serious in nature as the import of drugs and selling the same in
the country and that too, by using the applications like dark web
and making payment through crypto currency not only effect the
economy but also destroy the youth of the country who are given
access to the drugs in an easy manner.
Keeping in view the well designed manner in which the
offence under the NDPS Act has been alleged to be committed by
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using the cyber applications and in view of the fact that the case
is at the stage of charge and there is every possibility that the
applicant / accused Mayank Nayyar would tamper with the
evidence / destroy the evidence and influence the witnesses, if at
liberty. So, I do not find any merit in the present bail application
of the applicant / accused Mayank Nayyar. Hence, the present
application of the applicant / accused Mayank Nayyar for grant
of regular bail is hereby dismissed.
Application is disposed off accordingly.
This order of mine shall not effect the merits of the
case.
Copy of the order be given dasti to Ld. Counsel for
applicant / accused.
Copy of the order be sent to concerned IO.
(Ekta Gauba Mann)
Special Judge (NDPS-01)
(Central) Tis Hazari Courts
Delhi/09.04.2025
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