Final Order 3

Order Details: COPY OF ORDER
Pdf Text: CNR no. DLET01-000112-2025
Bail matter No. 29/2025
State versus Jeeshan son of Navi Hasan
First Information Report No. 385/2024
Police Station Gazipur
Under Section 21/29/61/85 NDPS Act
22.01.2025
Present : Sh. Ramesh Bajiya, Ld. Additional Public
Prosecutor for the State.
Sh. Ashok Thagal with Sh. Danish Ali and Sh.
Ansul, Ld. Counsel for applicant/ accused Jeeshan.
The present application has been filed on behalf of
applicant/ accused for grant of regular bail.
It is submitted that accused is in JC since
02.12.2024 and nothing has been recovered from the
possession or at the instance of accused/ applicant and the
alleged contraband recovered from the applicant/ accused has
been planted by the IO. It is further contended that investigating
agency has not complied with the mandatory provision of
Section 52A of the NDPS Act, in so far as the alleged
contraband recovered from the accused / applicant does not
contain the seal of SHO. It is further submitted that accused
Jabbar, Ankit, Farman and Sagar has already been granted
bail.
Reply has been filed on behalf of IO. It is stated
that 50.96 grams of smack was recovered from the possession
of co-accused Ankit and at the instance accused Jabbar,
accused Shahid @ Kalu was arrested from whom 44.5 grams of
smack was recovered and applicant/ accused, who is source of
contraband namely Jeeshan was arrested with 100.31 grams of
smack.
Ld. Addl. PP on instruction of IO submits that since
custodial interrogation of the accused has already been done,
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thus, the present bail application is not opposed.
Since, the contraband recovered from the
applicant/ accused falls under the intermediate quantity, rigors
of section 37 of the NDPS Act are not applicable. Custodial
interrogation of accused has already been completed. The
alleged contraband has already been recovered from the
applicant/ accused and nothing more has to be recovered from
the accused. Accused is in JC since 02.12.2024. Co-accused
Jabbar, Ankit, Farman and Sagar has already been granted
bail. Culpability of accused is matter of trial and no purpose
would be served by keeping accused behind bar. The presence
of accused during the trial can be ensured by imposing
condition upon him. Accordingly, the bail application is allowed
and applicant/ accused is admitted to bail on his furnishing
personal bond in the sum of Rs. 25,000/- with one surety in the
like amount subject to following condition as under:-
The surety should be local resident of Delhi/blood
relative of accused. The accused is directed to inform the IO
regarding his mobile phone number and address as well as any
change in the same. The accused shall not contact, influence or
coerce any witness/ person connected with the present case.
The accused shall join the investigation as and when required
by the IO. The accused shall also not indulge in any kind of
offence after being released from jail. The accused shall not
leave Delhi/NCR without informing the IO.
Bail application stands disposed off.
Order dasti.
(Alok Shukla)
Additional Session Judge-2/
Special Judge (Narcotic Drugs And Psychotropic Substances)
East/Karkardooma/Delhi/22.01.2025
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