Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Miscellaneous IA no. 02/2025 &
CNR no. DLET01-002508-2025
State versus Jordan Andre Furtado son of Late Antonio Furtado
First Information Report No. 264/2024
Police Station Crime Branch
Under Section 20/25 NDPS Act
08.08.2025
Pr : Sh. Ramesh Bajiya, Ld. Addl. PP for the State.
Sh. I.P. Saini, Ld. counsel for applicant/ accused Jordan Andre Furtado.
Vide this order, I shall dispose of the application moved on behalf of
applicant/accused Jordan Andre Furtado, through his perokar Ms. Cheryl Maria
Mendes, under Section 343 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(hereinafter referred to as “BNSS”) seeking tender of pardon to the applicant in the
present case arising out of FIR No. 264/2024 registered under Sections 20/25/29 of
the NDPS Act at PS Crime Branch.
Facts of the case
The FIR was registered based on a secret information received by the Crime
Branch on 18.12.2024 regarding transportation of contraband substance (Charas).
As per the complainant, he alongwith HC Nitin proceeded to the Bus Parking
adjacent to Akshardham Noida Road near Crown Plaza, Mayur Vihar, Delhi. SI
Avdhesh Dixit, ASI Anjay Singh, HC Ajay Yadav, HC Ankur, HC Anuj alongwith
W/Ct. Beepti was there alongwith the apprehended person Gopal Chauhan son of
Pratap Singh Chauhan r/o Ward No. 07, Post Office-Bhuntar, Sarabai, Kullu,
Himachal Pradesh. Thereafter, SI Avdhesh Dixit handed over all the documents of
the case alongwith the case property as well as the accused Gopal Chauhan the
complainant. HC Devender had also come there and handed over the copy of FIR
alongwith certificate u/s 63 of BSA Act. As per the contents of the First
Information Report, a secret information was received that at about 7.15 am- 8.15
am, a vehicle bearing no. HP-34E 7407, Maruti Expresso driven by one person
namely Gopal Chauhan would come from Kullu with the charas to supply
somebody near Crown Plaza, Mayur Vihar, Delhi. This information was recorded
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in compliance of Section 42 of the NDPS Act as DD No. 07-A dated 18.12.2024
with the time mentioned at 6.20 am. ACP Rohitash Kumar was also informed
regarding this information by Insp. Deepak Pandey. At the instance of ACP
Rohitash Kumar, a team was constituted consisting of ASI Anjay Singh, HC
Devender Kumar, HC Ajay Yadav, HC Ankur, HC Anuj & W/Ct. Beepti.
Thereafter, the complainant alongwith all the relevant material i.e. field testing kit,
laptop, printer, UPS power backup etc. proceeded to the indicated place. All the
other persons of the team had also joined him. Some of the passerbys were asked
to join the investigation after reaching nearby the market spot but because of their
prior engagement, they refused to join the same and as they left the spot in hurry,
notice could not be given to them. Thereafter, the car in question entered the bus
parking and started waiting towards Akshardham Noida Road. After pointing out
by the informer qua the identity of the accused Gopal Chauhan, accused was
overpowered and his car was searched and all the relevant procedures as has been
laid out in the Narcotic Drugs and Psychotropic Substances, 1985 were followed.
Accused Gopal Chauhan had been made aware about the notice u/s 50 of the NDPS
Act, 1985 as well. During the raid, accused Gopal Chauhan was apprehended and a
total of 2190 grams and 1489 grams of charas was recovered from his possession.
During the course of investigation, specially when the phone of the accused Gopal
Chauhan was checked, he was found to be in contact with the present
applicant/accused. Present applicant was also identified by the accused Gopal
Chauhan as the person to whom, charas parcel was supplied. When the present
applicant/accused was asked to join the investigation and his mobile phone was
checked, he was unable to explain the deletion of the chats and the other datas from
his mobile phone and accordingly, he was arrested after following relevant
procedure. Also, present applicant/accused was unable to update about the
suspicious bank transactions. Thus, During the course of investigation, on
28.12.2024, the present applicant Jordan Andre Furtado was arrested. It is alleged
that he had links in the chain of procurement or distribution of the recovered
narcotic substance.
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Submissions of Learned Counsel for the applicant/accused as well as Learned Addl.
PP for the State.
The applicant has filed the present application u/s 343 BNSS stating his
willingness to make a full and true disclosure of the whole circumstances within his
knowledge relating to the offence and has prayed for tender of pardon. He has
further undertaken to abide by any terms and conditions that may be imposed by
the Court. The Investigating Officer has filed a written reply supporting the
application and stating that the accused has expressed his willingness to become an
approver under Section 343 BNSS. The Investigating Officer has further submitted
that the application may be decided after recording the statement of the accused
under Section 183 BNSS. Statement u/s 183 BNSS (earlier known as u/s 164
Cr.PC) of the applicant/accused Jordan Andre Furtado was recorded before the
Learned Metropolitan Magistrate on 17.05.2025. Section 343 of BNSS, 2023
empowers the Court to tender pardon to an accomplice during the course of
investigation, inquiry or trial of an offence punishable with imprisonment for life or
with imprisonment for a term of not less than seven years. Learned Counsel for the
accused during the course of oral submissions has submitted that in view of Section
64 of the NDPS Act as well a person charged with an offence under the NDPS Act
may be tendered pardon if he makes full and true disclosure of all facts within his
knowledge relating to the offence and every person concerned, whether as principal
or abettor, in the commission thereof. Learned counsel for the applicant/accused
has placed reliance upon the judgment
Jasbir Singh vs. Vipin Kumar Jaggi & ors.
2001 8 SCC 289 and
Laxmikant Choraria vs. State of Maharashtra, AIR 1968 SC
938. Both the judgments have been perused very carefully.
Ld. Addl. PP for the State has submitted that the application may be
considered by this court subject to the conditions u/s 306 Cr.PC. Learned Addl. PP
for the State has also submitted that the statement made by the present applicant
must be helpful in understanding the complete sequence of events revolving around
the facts and circumstances of the case. Learned Addl. PP has also submitted that
the role of the accused persons from whom the contraband substance has been
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recovered is well explained by the present applicant in his statement.
Consideration and Findings
The present case involves recovery of a commercial quantity of narcotic
substance (Charas) and attracts the rigor of punishment under Sections 20 and 25 of
NDPS Act, both punishable with a minimum sentence of 10 years. The applicant is
arrayed as one of the co-accused in the present case and he had made full and true
disclosure of facts and seems to assist the prosecution. The Investigating Officer as
well as Learned Addl. PP has no objection to the grant of pardon subject to rules as
the statement u/s 183 BNSS of applicant/accused has already been recorded before
the Ld. MM on 17.05.2025. Hon'ble Supreme Court in
K. Anbazhagan vs. State of
Karnataka, (2015) 6 SCC 86, has observed that the object of tendering pardon is to
facilitate effective investigation and trial by encouraging one of the accused
persons to disclose the true and complete facts to aid in securing conviction of the
principal offenders.
Considering the gravity of the offence, the nature of the investigation, and
the willingness of the accused to cooperate and assist the prosecution by becoming
an approver, this court is of the considered opinion that the prayer for tender of
pardon deserves to be allowed in accordance with Section 343 BNSS and Section
64 NDPS Act and it is ordered accordingly subject to the following conditions:-
(a) that the accused Jordan Andre Furtado shall make full and true disclosure
of whole of the circumstances within his knowledge related to the offence and to
every other person concerned;
(b) that the accused shall appear before this court to depose as a witness
during trial.
The application stands disposed off. Copy of this order be given dasti to the
ld. Counsel for the applicant/accused.
(Manu Vedwan)
ASJ-02/Special Judge (NDPS)
East/KKD/Delhi/08.08.2025
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