Order 3

Order Details: COPY OF ORDER
Pdf Text: Regular Bail Application
State Vs. Surender Kumar S/o Durga Prasad
FIR No. 114/25, PS Crime Branch
U/s 22/25/29 NDPS Act
12.08.2025
This is an application U/s 483 of BNSS, 2023
seeking grant of regular bail to the applicant/ accused.
Present: Sh. Ranbir Singh Kundu, Ld. Special PP for State.
Sh. Deepak Ghai, Ld. counsel for applicant/ accused.
IO SI Krishna Kumar in person.
Reply to the bail application is filed. Copy supplied.
Arguments heard on the regular bail application of
the applicant/ accused.
Ld. counsel for the applicant/ accused submits that
the applicant/ accused has been falsely implicated in this case. He
further submits that nothing has been recovered from the
possession or at the instance of the applicant/ accused. According
to him, the name of the applicant/ accused has come in disclosure
statement of co-accused Devender. According to him, as per the
case of police, it is the applicant/ accused, who allegedly
supplied 120 Codeine Syrup Bottles. He further submits that said
‘syrup’ is normally used as ‘cough syrup for children’ and it is
not a drug. He further submits that allegedly the applicant/
accused has deleted some messages and his mobile phone has
been sent to FSL. According to him, the said fact does not
disentitle the applicant/ accused to be admitted on bail. In support
of his contention, he relies upon a judgment of the Ho’ble
Supreme Court of India titled as
Bharat Chaudhary Vs. Union of
India, Petition for Special Leave to Appeal (Crl.) No. 5703/2021
decided on 13.12.2021. He further submits that the investigation
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is already complete and charge-sheet has already been filed.
Per contra, Ld. Special PP for the state as well as IO
have opposed the bail application of the applicant/ accused
stating that total 2360 Tramadol Capsules and 135 Codeine
Syrup Bottles were recovered during investigation in this case.
They further submit that firstly, the applicant/ accused was called
to join the investigation. At that time, he stated that he had
purchased the said Codeine Syrup Bottles against valid bills. He
was asked to produce the said bills and he was given two days
time to produce the same but he failed to produce any bills.
Thereafter, he was arrested on 07.06.2025.
They further submit that the accused/ applicant is
very much involved in the present offence and he has deleted the
messages. His mobile phone has been sent to FSL and FSL result
is still awaited. They further submit that the accused persons used
to supply the recovered substance to college students at Delhi
University. They further submit that since there was connectivity
between accused persons including the applicant/ accused,
therefore, Section 29 NDPS Act is applicable and in consequence
of that, Section 37 NDPS Act is also applicable as commercial
quantity was recovered during the investigation in this case.
In rebuttal, Ld. counsel for the applicant/ accused
submits that there is nothing in writing regarding the alleged
admission of the applicant/ accused to the effect that he had
purchased the Codeine Syrup Bottles against bill. According to
him, accused/ applicant had told to the police that since he has
not supplied any Codeine Syrup Bottle, therefore, he does not
have any bill. Then also, he was given two days time to produce
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the bill. Since, applicant/ accused was not having any bill,
therefore, he was arrested after two days i.e. on 07.06.2025. He
further submits that in none of the disclosure statements of the
accused persons, it has been mentioned that the applicant/
accused was earning profit or that Codeine Syrup Bottles were
being supplied to the Delhi University’s Students.
Be put up for orders at 4:00 pm.
(Virender Singh)
Special Judge, NDPS-02,
Central,THC, Delhi/12.08.2025
At 12:45 PM
At this stage, Sh. Radhey Shyam, Ld. counsel for
applicant/ accused has appeared and he seeks sometime to show
some case law.
At request, put up for filing certain case law/
arguments (in rebuttal, if any) on 22.08.2025.
(Virender Singh)
Special Judge, NDPS-02,
Central,THC, Delhi/12.08.2025
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