Final Order 4

Order Details: COPY OF ORDER
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CNR no. DLET01-002210-2025
Bail matters No. 367/2025
State versus Ritik Malya son of Lt. Sh. Manoj Kumar
First Information Report No. 187/2025
Police Station Kalyanpuri
Under Section 21/29/61/85
20.05.2025
Present : Sh. Ramesh Bajiya, Ld. Addl. PP for the State.
Sh. UA Khan, ld. counsel for applicant/ accused Ritik
Malya.
Arguments were heard on the bail application of
accused Ritik Malya.
It is submitted on behalf of applicant that applicant is
peace loving and law abiding citizen of India having faith in due
process of law. It is further submitted that as per the case of the
prosecution, on 06.04.2025 at about 5:30 pm, one secret
informer came in the office ANS East Distt, Delhi and informed
that one person namely Suresh R/o 4 Block, Trilokpuri, Delhi,
who used to sale smack at 4 Block Trilok Puri, Delhi will come
between 7-8 pm and thereafter, the secret informer was
produced before Insp. Arun Kumar and thereafter, the said
information was further conveyed to ACP Sh. Pawan Kumar
concerned who further directed to take the appropriate legal
action. It is further submitted that the said information was
reduced into writing vide DD no.6 at 6:15 pm dated 06.04.2025
in compliance of section 42 NDPS Act and thereafter, a raiding
team was constituted on the direction of ACP. It is further
submitted that at about 6:50 pm, the members of the raiding
team left the office of ANS East Distt, while recording the DD no.
7 at 6:50 pm dated 06.04.2025 and reached at the spot i.e. 4
Block, Trilokpuri, Delhi at 7:05 pm and at about 7:45 pm, the
secret informer pointed out one person who was sitting outside
his house i.e. 4/459, Trilokpuri, Delhi as Suresh, who was
apprehended by the members of the raiding team. It is further
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submitted that the said person revealed his name as Suresh
Kumar @ Sumit S/o Sh. Ajay Kumar R/o H. NO. 4/462-463
Trilokpuri, Delhi and the members of the raiding team introduced
themselves informing the accused with regard to the secret
information, who was also apprised about his legal right that they
have the information that contraband may be recovered from the
possession of said person and therefore, his search was
required to be taken and this was his legal right that before
taking his search, if he wished, he shall be produced before any
Nearest Gazetted Officer or the Magistrate and he was also
informed that before his personal search, he could take the
search of police personnel and their vehicle and thereafter, a
notice U/s 50 NDPS Act was served upon him but said person
refused to be searched in the presence of any Nearest Gazetted
Officer or the Magistrate. It is further submitted that the said
information was conveyed to the ACP concerned, who directed
SI Deepak to take the appropriate legal action and thereafter, his
personal search was conducted and during his personal search,
one pink colour purse was recovered from the left pocket of his
jeans pant and after opening the same, one weighty white colour
polythene was found inside the purse containing some red sticky
substance was found and thereafter, the mobile crime team was
called and the weight of the contraband was conducted, which
was found to be 35.52 gram smack, which was taken into the
police possession and the present FIR was registered. It is
further submitted that during further investigation on 10.04.2025,
the applicant/ accused was apprehended at about 9.30 pm, on
10.04.2025 at the red light of Rahul Vihar, Vijay Nagar,
Ghaziabad, U.P. and alleged recovery of 26 gram heroin was
shown to be recovered from his possession, however, nothing
was recovered from his possession and therefore, no public
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person was joined during the search and seizure proceedings. It
is further submitted that applicant/ accused is remotely not
connected with the present case in any manner and he has no
relation whatsoever with the main accused Suresh Kumar and
the prosecution cannot show any evidence either in the form of
CDR Connectivity or any monetary transaction between them or
any whatsapp chat, therefore, in the absence of any
incriminating evidence against the applicant/ accused to connect
him with the main accused. It is further submitted that applicant/
accused as well as his family members has the serious
apprehension that he was falsely implicated in the present case
at the instance of his Taau namely Rajesh as well as his son
namely Rohit @ Golu who kept enmity with the applicant/
accused as well as his family members on the ground that the
grandfather of the applicant/ accused gifted his house in the
name of his mother and they are residing in the said house and
even in the past, they have given the specific threats to the
family members of the applicant/ accused that either to give their
share in the said property or ready to face the dire
consequences and therefore, the false implication of the
applicant/ accused in the present case cannot be ruled out at
this stage. It is further submitted that even as per the alleged
story of the prosecution, 26 gram heroin was allegedly recovered
from the possession of the applicant/ accused, the said recovery
falls within the category of intermediate quantity and much less
than the commercial quantity and therefore, rigors of section 37
NDPS Act are not attracted in the present case. It is further
submitted that applicant/ accused is in custody since 10.04.2025
and the investigation qua the applicant/ accused has already
been completed and his false implication cannot be ruled out
even at this stage and therefore, no useful purpose would be
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served to keep the applicant/ accused behind the bar during the
course of the investigation as his further custodial interrogation is
not required in the present case. Reliance is placed on the
judgment of Chukwnemika Vs State, Bail Application no.387/18,
Mohd. Navi Vs State, 2019 (1) C.C. Cases (HC) 390, Rekha Vs
State, Bail Application no. 3392/2024 and Herry Vs State, 2021
(2) JCC 1051.
It is further submitted that applicant/ accused is a 24
year young married man having three minor children and
belongs to a poor family, earning his livelihood while working on
his water plant situated at G-78, Vijay Nagar, Ghaziabad, UP and
in his absence, his family members are facing great hardship to
meet out their day to day expenses and the presence of the
applicant/ accused is very much required to look after the well-
being of their family. It is further submitted that investigation qua
the applicant/ accused has already been completed and the
sampling of the alleged recovered contraband has already been
conducted before the Ld. JMFC and therefore, no useful purpose
would be served to keep him behind the bar. It is further
submitted that applicant / accused undertakes to abide by all the
conditions imposed by this Court and to furnish the sound surety
to the entire satisfaction of the Court. Thus, it is prayed that
accused may be enlarged on bail.
Reply has been filed on behalf of IO. It is stated that
on 06.04.2025, SI Deepak received a secret information that a
person namely “Suresh”, who is the resident of 4 Block
Trilokpuri, Delhi, sells the illegal smack between 07:00 PM to
08:00 PM in 4 Block, Trilokpuri, Delhi. Acting on the information,
the raiding team set up a trap at in front of H.No. 4/462-63
Trilokpuri, Delhi. They nabbed the said individual namely Suresh
Kumar @ Sumit S/O Ajay Kumar R/O H. No. 4/462-63 Trilokpuri,
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Delhi, Aged 30 Years in front of H. No. 4/462-63 Trilokpuri, Delhi.
Search of the apprehended person was conducted and a pink
colour purse was recovered from left pocket of his wearing jeans
and after opening the chain of purse a weighty transparent
polythene was recovered from purse and an another transparent
polythene and 36.22 Grams of Smack with the weight of
polythene and 35.52 Grams of smack was recovered from the
said transparent polythene. The forensic team was called at the
spot and the brown coloured substance was found
Brown/Heroine after checked by Dr. Drishti, Forensic Team. It
was seized and sealed with the seal of DK and taken into police
possession vide seizure memo and was deposited in PS
Kalyanpuri Malkhana through SHO Kalyanpuri. Accordingly, the
present case was registered. During investigation, accused
“Sumit” had disclosed that he used to buy Smack/Heroin from
one Ritik. Accused Ritik S/o Late Manoj Kumar R/O BH-241
Bharaow Devres, Colony Pratap Vihar, Ghaziabad UP, Aged 24
years was arrested in the present case at the instance of
accused Suresh and 26.45 gram smack was recovered from the
possession of accused Ritik. Which was also seized and sealed
with the seal of SK and taken into police possession through
seizure memo and was deposited in PS Kalyanpuri malkhana
through SHO Kalyanpuri. The sampling of recovered
contrabands were done before the Court and the case property
was deposited in FSL for expert opinion. Further investigation is
underway. Accused Ritik Mallya was arrested on the instance/
disclosure of accused Suresh Kumar @ Sumit and total recovery
in this case is 61.97 Grams of Smack/Heroin. The offence is
against the society and he may again indulge in same type of
offence. Total 26.45 gram of Smack/Heroin was recovered from
the possession of accused/ applicant Ritik. He is previously
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involved in Case FIR No.1182/19 u/s 8/15 NDPS ACT PS Vijay
Nagar, Ghaziabad UP. Therefore, it is requested that accused
may not be enlarged on bail.
The contraband recovered from the applicant in the
present case is 26.45 gram smack, which falls under
intermediate quantity. The police remand of the accused has
already been taken. The reply filed by the IO is complete silent
on the point whether any further interrogation of the accused is
required. Since, the quantity recovered from the accused falls
under intermediate quantity, rigors of Section 37 of the NDPS Act
are not applicable. The culpability of the accused is matter of trial
and bail cannot be denied as pre-trial conviction. The presence
of accused can be secured by imposing conditions. Accordingly,
the present application is allowed and applicant/ accused Ritik
Malya is granted bail on furnishing PB in sum of Rs. 25,000/-
with two sureties in the like amount each on the following
condition:-
The surety should be local resident of Delhi or 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 also not indulge in any kind of offence after
being released from jail on bail. The accused shall not leave
Delhi/NCR without informing the IO. Accused shall appear on
each and every date of hearing fixed by the Court.
Bail application is accordingly disposed off.
Order dasti.
(Alok Shukla)
Additional Session Judge-2/
Special Judge (Narcotic Drugs And Psychotropic Substances)
East/Karkardooma/Delhi/20.05.2025
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