Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: Pages No. 1/4
Regular Bail Application
State Vs.Chheda Gautam Talakshibhai
FIR No. 21/26, PS Crime Branch,
U/s 20 NDPS Act
20.04.2026
Present: Sh. K.P. Singh, Ld. Addl. PP for state.
None for applicant/ accused.
On 10.04.2025, Ld. counsel for applicant/ accused
and Ld. Addl. PP for the state as well as IO had argued that “Ld.
counsel for the applicant/ accused submits that the applicant/
accused has been falsely implicated in this case.
He has pointed out that a secret information was
received by IO at about 12:20 PM. Thereafter, information was
reduced into writing and it was put before the ACP concerned
and thereafter, raiding team was constituted. As per FIR, the
raiding team left the concerned PS at about 12:25 PM and
reached New Delhi Railway Station at 12:45 PM. He also argues
that during this period of 20 minutes, police had stopped it
vehicle at two places and also asked 5/6 public persons to join
the investigation.
He also pointed out that accused/ applicant was
allegedly apprehended at about 1:05 PM and thereafter, Forensic
Team was called at about 1:30 PM, which reached at New Delhi
Railway Station at about 4:15 PM. Thus, according to him,
police took only 20 minutes to reach the place of incident but
Forensic Team took about 02 hours 45 minutes to reach New
Delhi Railway Station. Thus, according to him, the version of the
Investigating
Agency is doubtful.
He further argues that during this period, accused/
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applicant was with police officials and chances of planting the
case property cannot be ruled out. Rather, according to him, case
property has been planted upon the applicant/ accused by the
police officials. He further argues that New Delhi Railway
Station is a busy place and public persons are always available
there but police has not joined any public person during the
alleged recovery and investigation.
He further argues that the applicant/ accused was
apprehended on 01.02.2026 but the case property was sent to
FSL only on 12.02.2026. Thus, according to him, there is 11 days
delay in sending the recovered contraband to FSL for Expert
Opinion and according to him, there were chances of tampering
with case property.
He further argues that the investigation is already
complete and charge-sheet has already been filed. He further
argues that applicant/ accused is in JC from last about 70 days
and he is not involved in any other case. He further argues that
allegedly, only intermediate quantity of Charas has been
recovered from the applicant/ accused and therefore, Section 37
of NDPS Act is not applicable.
He further argues that applicant/ accused has never
tried to influence any witness or threaten any witness as they are
police officials. Therefore, he requests that the applicant/ accused
may be admitted to bail.
Per contra, Ld. Addl. PP for the State as well as IO
have vehemently opposed the bail application of the applicant/
accused stating that there was secret information in the name of
the applicant/ accused and thereafter, compliance of Section 42
of NDPS Act was made and applicant/ accused was apprehended
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and thereafter, 216 gram Charas was recovered from his
possession. They further argue that during investigation,
applicant/ accused did not disclose about the whereabouts of
source of recovered substance and thus, according to them, he
did not co-operate during investigation.
They further argue that the public persons at New
Delhi Railway Station and other places mostly remain in hurry
and therefore, they do not easily join the investigation but non-
joining of public persons cannot discard the credibility of police
witnesses.
They further submit that there might be traffic when
the Forensic Team reached at the spot, however, distance
between the office of Crime Branch and New Delhi Railway
Station is only about 03 Kilometers.
They further submit that IO had filed an application
before Ld. JMFC on 01.02.2026 itself for taking samples of the
case property, however, Ld. JMFC fixed the date as 11.02.2026
and on 12.02.2026 itself, samples taken from case property were
sent to FSL, therefore, there is not any delay in sending samples
to FSL.
In view of abovesaid, they request that the bail
application should be dismissed.
Submissions considered. Record perused.
As per record, investigation is already complete and
charge-sheet is already filed. Further, accused/ applicant is not
reported to be indulged in any other case. Therefore, considering
the overall facts and circumstances of the case and the custody
period of the applicant/ accused, bail application of the applicant/
accused is allowed and applicant/ accused Chheda Gautam
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Talakshibhai is admitted to bail on furnishing personal bond in
the sum of Rs. 30,000/- with one surety in the like amount and
subject to condition that :-
(i) That applicant/ accused shall not, directly or indirectly, make
any inducement, threat or promise to the complainant or any
person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer;
(ii) That applicant/ accused shall upon his release provide his
mobile number to the IO/ SHO and keep his such mobile 'Switch
On' at all times.
(iii)That applicant/ accused shall intimate to the IO/ SHO about
any change in his mobile number or address;
(iv) The applicant/ accused will not influence the witnesses nor
tamper with any evidence;
(v) That applicant/ accused shall not leave the country without
permission of the Court;
(vi) That applicant/ accused shall appear on each and every date
of hearing before the Court.
Application stands disposed of accordingly.
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.
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.
(Virender Singh)
Special Judge, NDPS,
Central,THC, Delhi/20.04.2026
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