Final Order 3

Order Details: COPY OF ORDER
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CNR no. DLET01-006962-2024
Bail matter No. 1560/2024
State versus Akash son of Raj Kishore
First Information Report No. 620/2024
Police Station Pandav Nagar
Under Section 21/29 NDPS Act
20.12.2024
Present : Sh. Ramesh Bajiya, Ld. Addl. PP for the State.
Sh. Sachin Dev, counsel for applicant/ accused.
Arguments on the bail application of applicant/
accused Akash were heard.
It is submitted on behalf of applicant/ accused that
applicant is permanent resident Delhi and there is no chance of
his absconding. It is further submitted that applicant has
reputation among the society and he has been falsely implicated
in this case. It is further submitted that there is no bar of section
37 NDPS Act to grant bail to applicant because nothing
incriminating article found in possession of accused and there is
no recovery of any contraband in commercial in nature from
applicant who are apprehended by the police in this case. It is
further submitted that applicant has not named in FIR and he has
no directly and indirectly involvement in this case. It is further
submitted that applicant is a law abiding citizen and has clean
antecedents and deep root in the society. It is further submitted
that applicant has old age parents, who are suffering from several
old aged ailments and he is only single bread earner of his family
and his custody is resulting hardship for the family, who have no
independent source of income. It is further submitted that
applicant is ready to comply with all the terms and condition
imposed by this Court and accused undertakes that he will
appear on each and every date of hearing if granted bail. It is
further submitted that no charge sheet has been filed till date
before this court and trial will take considerable time. It is further
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submitted that applicant is in judicial custody since last one
months and no similar bail application of accused has been filed
before any other court. It is further submitted that applicant is
ready to join the investigation as and when required and to
furnish sound surety to the satisfaction of this court. Therefore, it
is prayed that applicant may be enlarged on bail.
Reply has been filed by the IO stating that on
18.11.2024, ASI Arun received a secret information that a person
namely “Sagar” has carried psychotropic substance
“Smack/Heroin” and was coming at near Kukreja Hospital, Mayur
Vihar, Delhi for supplying it further and acting on the information,
the raiding team set up a trap at Near Kukreja Hospital, Mayur
Vihar, Delhi. They nabbed the said individual namely Sagar S/o
Subhash R/o 34/432, Trilokpuri, Delhi Age 26 Yrs. Search of the
apprehended person was conducted, and black coloured plastic
polythene was recovered from his possession and 44.08 Gram
Smack/Heroin was recovered from the said plastic polythene. It
was seized and sealed with the seal of AK and taken into police
possession vide seizure memo. Accordingly, the present case
was registered and further investigation was taken up. During
investigation, accused “Sagar” had disclosed that he used to buy
Smack/Heroin from one Akash @ Akku. Accused, Akash @ Aku
s/o Rajkumar r/o D-211, Ist Floor, Ganesh Nagar Complex,
Pandav Nagar Delhi Age 28 Yrs was arrested in the present case
based on the disclosure of the accused Sagar. On the instance of
accused Aaksh, 61.69 Grams of smack/heroin was recovered
which was also seized and taken into police possession through
seizure memo. During further investigation, accused Aakash @
Akku had revealed that he used to buy the smack/heroin from
one Source namely Pappu r/o Bareilly, UP. On his instance,
accused/Source Nazir @ Pappu was arrested on 20/11/2024 and
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100.34 Gram Smack is recovered from his possession from
Bareilly, UP. Further, investigation of the case is still going on.
Accused Aaksh was arrested on the instance of “Sagar” with the
recovery of 61.69 Gram Smack/Heroin. Total recovery in this
case is 206.11 Gram Smack/Heroine. Accused is the part of drug
syndicate and the offence is against the society and accused
may again involved in same type of offence, if released on bail.
Thus, it is requested that accused may not be granted bail.
Accused/ applicant is stated to be source of the
contraband recovered from co-accused Sagar and 61.69 grams
smack/ heroin was also recovered from the possession of the
accused / applicant. Further, on the basis of disclosure statement
of applicant, co-accused Nazir @ Pappu was arrested and
100.34 grams of smack was recovered from his possession. The
investigation is still initial stages. The entire chain involved in the
trafficking of contraband is yet to be unearthed. Accordingly, I am
not inclined to grant bail to the applicant/ accused Akash at this
stage. Bail application stands dismissed and disposed off
accordingly.
Order dasti.
(Alok Shukla)
Additional Session Judge-2/
Special Judge (Narcotic Drugs And Psychotropic Substances)
East/Karkardooma/Delhi/20.12.2024
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