Order 23

Order Details: COPY OF ORDER
Pdf Text: State Vs. Gopal Chauhan Page 1 of 4
IN THE COURT OF SPECIAL JUDGE, NDPS, EAST DISTRICT,
KARKARDOOMA COURTS, DELHI.
Bail Application No. 12/2026
SC No. 543/2025
State VS. Gopal Chauhan
FIR no. 264/2024
PS: Crime Branch
U/s 20/25/29 NDPS Act
06.10.2026
This is fourth application under section 439 Cr.PC/483 of BNSS for
grant of regular bail filed on behalf of applicant/accused Gopal
Chauhan.
Present: Sh. Ramesh Bajiya, Ld. Addl. Public Prosecutor for the
state.
Sh. Karan Verma, Learned Counsel for the accused
appeared through VC.
Sh. Yuvraj Singh, counsel for the accused in person.
IO/SI Avdhesh Dixit is present.
1. Reply of the present application has already been filed.
2. I have heard the arguments on the bail application advanced
by Learned Addl. PP for the State, Mr. Karan Verma, Learned counsel
for the accused and perused the record.
3. During the course of arguments, counsel for the accused
submitted that accused Gopal Chauhan has been falsely implicated in
the present case and he is in judicial custody for the last one year and
11 months. It is case of the prosecution that present accused was
apprehended on 18.12.2024 and he was found in possession of 3kg
683 gram of charas. It is further submitted that this is fourth bail
application filed on behalf of accused. First bail application of the
present accused was dismissed by Learned Predecessor on merits
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State Vs. Gopal Chauhan Page 2 of 4
thereafter, second and third bail applications were dismissed as
withdrawn. It is further submitted that the present bail application is
filed on the basis of non compliance of mandatory conditions of the
NDPS Act. Firstly, grounds of arrests were not furnished to the
accused or family or relatives of the accused which is not only in
violation of section 52 of the NDPS Act but also in violation of the
judgments of the Hon’ble Supreme Court.
3.1 It is further submitted that the place of recovery of alleged
contraband is also not clear in the chargesheet which also vitiate the
proceedings of the investigation.
3.2 It is further submitted that there is no proper authorization to
enter and search at the closed conveyance. In the presence case, the
conveyance was a car but there is no authorization in favour of any
police official regarding enter and search of the said closed
conveyance, therefore, the same is also in violation of the section 42
of the NDPS Act.
3.3 It is further submitted that co-accused persons have also
released on bail. Further, charge has also not been framed in the
present case so far and trial will take substantial time for its
conclusion, therefore, accused be released on bail.
4. On the contra, Learned Addl. PP for the State has opposed the
bail application stating that this is fourth bail application. First bail
application of the present accused was dismissed by Learned
Predecessor vide order dated 23.09.2025 on merits. There is no
substantial development in the present case after dismissal of the first
bail application. It is further submitted that there is a recovery of 3kg
683 grams of charas from the possession of the present accused which
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State Vs. Gopal Chauhan Page 3 of 4
is a commercial quantity, therefore, rigour of section 37 of NDPS Act
is applicable in the present case. It is further submitted that first
argument of counsel for the accused is that grounds of arrest were not
furnished to the accused or his relative. There is sufficient compliance
of furnishing of grounds of arrest to the accused which is reflected in
the separate intimation of grounds of arrest and notice under section
52 NDPS Act apart from the memo of arrest. Further, the spot of
recovery is very specific in the rukka i.e. Bus Parking Adjacent to
Akshardham-Noida Road near Crown Plaza Mayur Vihar Delhi
which itself reflects that spot of recovery is very specific. It is further
submitted that recovery of the contraband was effected in the day
light, therefore, there is no requirement for any authorization for
entering and search of the contraband. It is further submitted that
other co-accused persons were released on bail as they were not
related to the alleged recovery of contraband from the present
accused.
5. After having gone through the submissions of both the parties
and perusal of the record, I find that present accused was allegedly
found in the possession of 3kg 683 grams of charas which is a
commercial quantity. The first bail application of the present accused
was dismissed by Learned Predecessor vide order dated 23.09.2025
and thereafter, there is no substantial development in the present case.
The main ground of the counsel for the accused that ground of arrest
was not furnished to the accused and his family members. Perusal of
the case file, I find that there is sufficient compliance of furnishing of
grounds of arrest to the accused which is reflected in the separate
intimation of grounds of arrest and notice under section 52 NDPS Act
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State Vs. Gopal Chauhan Page 4 of 4
apart from the memo of arrest. Further, the spot of recovery is very
specific in the rukka i.e. Bus Parking Adjacent to Akshardham-Noida
Road near Crown Plaza Mayur Vihar Delhi. In view of the aforesaid
facts and circumstances, particularly, quantity of the recovery of
contraband from the present accused is 3kg 683 grams of charas
which is a commercial quantity, therefore, rigour of section 37 of the
NDPS Act is applicable in the present case. Accordingly, I am not
inclined to grant the bail to the present accused. Present bail
application stands dismissed.
6. It is clarified that nothing stated in this order should be
considered as observation on the merits of the case.
7. Copy of this order be given
dasti, as prayed.
(R.L. Meena)
Special Judge, NDPS,
East Karkardooma Courts, Delhi
06.10.2026
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