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Regular Bail Application
State of Delhi Vs. Gautam Singh
FIR No. 132/2025
PS Crime Branch
U/s 22 NDPS Act
03.09.2025
Present: Mr. K.P. Singh, Ld. Addl. PP for the State.
Mr. Amjad Khan and Mohd. Azhmuddin, Ld. counsels for
applicant/accused.
IO SI Manoj Kumar in person.
Reply to bail application is filed. Copy supplied.
Arguments heard.
Ld. counsel for the applicant/accused submits that the
applicant/accused has been falsely implicated in the present case. They
further submit that initially, the police had arrested co-accused Harish
and allegedly 108 grams of Tramadol capsules were recovered from his
possession. They further submit that the name of the applicant/accused
was disclosed by said accused Harish. According to them, the alleged
recovery pertains to an intermediate quantity.
They further submit that the police had given notice to
applicant/accused, pursuant to which he joined the investigation.
However, he was arrested by the police in the police station itself on
22.06.2025. They further submit that the applicant/accused is not
involved in any other case and investigation qua him is complete. They
further submit the police had not joined any witness during alleged
recovery from co-accused Harish which had taken place near Tis Hazari
Court which is a congested area. Moreover, the police has also not done
any videography or photography of the recovery.
They also submit that the applicant/accused is suffering
from Asthma and kidney ailments and is the sole breadwinner of his
family. They further argue that the only alleged incriminating evidence is
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the CDR which is not admissible. They further submit that no purpose
will be served by further keeping the applicant/accused in JC. Therefore,
they request that the applicant/accused be admitted to bail.
Per contra, Ld. Addl. PP for the State and IO have
vehemently opposed the bail application stating that a total of 2160
Tramadol Capsules were recovered from the possession of co-accused
Harish and the same was a commercial quantity.
Reliance is placed upon Heera Singh & Anr. Vs. Union of
India passed by Hon’ble Supreme Court of India, 2020 wherein it is
already stated that the entire quantity recovered will be considered as the
substance.
They further submit that the applicant/accused is very
much involved in the present case. They further submit that Rs.24,500/-
was deposited in the account of Salman @ Rajjak from Chandni Chowk
by some unknown person and the receipt of the same has been recovered
form the mobile phone of the applicant/accused. They further submit that
the applicant/accused was connected with the co-accused persons
namely Vishal Jaiswal, Amit Goyal and Harish. They further submit that
co-accused Salman had shared one State Bank of India account number
with co-accused Amit Goyal. They further submit that accused Vishal
Jaiswal had shared another account number of HDFC Bank with co-
accused Amit Goyal. The above said amount of Rs.24,500/- has been
deposited in the account maintained with HDFC Bank.
They further submit that there are call recordings between
applicant/accused and the bus operator through whose bus the
contraband was transported from Gorakhpur to Delhi. They further
submit that since the recovery involves commercial quantity, therefore,
Section 37 NDPS Act is applicable. They further submit that the accused
has not satisfied the twin conditions laid down under Section 37 NDPS
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Act and the investigation qua accused Vishal Jaiswal and Salman @
Rajjak is still pending. Therefore, they request to dismiss the present bail
application.
In rebuttal, Ld. counsel for applicant/accused has drawn
attention of this Court to Para 2 of the reply filed by the IO, wherein the
IO himself has mentioned that 108 grams Tramadol was recovered. They
further submit that investigation qua applicant/accused is already
complete and there is no incriminating evidence against him.
Submissions considered. Record perused.
As per the facts of the case, 2160 Tramadol Capsules were
recovered from the possession of co-accused Harish. The
applicant/accused is the backward source of the said Tramadol Capsules.
Though the charge sheet has been filed but further investigation is still
pending qua remaining accused persons.
The argument addressed by Ld. counsel for accused that
only intermediate quantity of Tramadol Capsules was recovered from the
possession of co-accused Harish is against the judgment Heera Singh &
Anr. Vs. Union of India of Hon’ble Supreme Court of India, passed in the
year 2020. Thus, commercial quantity of Tramadol capsules was
recovered from the possession of co-accused persons and there is
connection between the applicant/accused and other co-accused persons.
Further, investigation is at crucial stage. The fact that the IO has not
joined the public witnesses during the investigation does not entitle the
applicant/accused to be enlarged on bail.
The allegations involved in the present case are serious in
nature and the crime committed is heinous. It is well settled that the
nature and gravity of accusation, severity of the punishment, danger of
the accused absconding, reasonable apprehension of the witnesses being
influenced, prime facie case against the accused, danger to the society
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etc. are factors which have to be kept in mind while exercising powers
for grant of bail. In view of above said facts and circumstances, this
Court is of the considered opinion that no ground is made out to grant
regular bail or interim bail to the applicant/accused. Therefore, the bail
application of the applicant/accused Gautam Singh is dismissed.
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-02,
Central,THC, Delhi/03.09.2025
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