Interim Order 19

Order Details: COPY OF ORDER
Pdf Text: IA/5/24
SC No. 15/24
State Vs Rifat Ali @ Danish
FIR No. 667/232
PS Bhalswa Dairy
U/s 21/25/29 NDPS Act
19.06.2024
This is the third application under section 439 Cr. PC for
grant of regular bail moved on behalf of accused/applicant
Rifat Ali @ Danish.
Present: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Suraj Parkash Sharma, Ld. Counsel for
accused/applicant Rifat Ali @ Danish.
Arguments on the present application have already
been heard.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1.1 It is argued on behalf of accused/applicant that the
applicant / accused has been falsely implicated in the present
case. It is further argued that the recovery has been planted upon
accused / applicant and the only incriminating evidence against
the accused / applicant is the disclosure statement of co-accused
Aasif and disclosure statement of co-accused is inadmissible as
per law. Further, charge sheet has already been filed in the
present case and charge has been framed against the accused
persons vide order dated 04.04.2024. Trial will take long time,
therefore, no useful purpose will be served in keeping the
accused/applicant in custody. Hence, it is prayed that
accused/applicant may be released on bail as he is ready to abide
contd.....
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with any condition, imposed by the court, if he be released on
bail.
ARGUMENTS ON BEHALF OF STATE
2.1 Per contra, Ld. Addl. PP for the State has
vehemently opposed the application stating that as per the reply
filed by the IO, co-accused Aasif was apprehended with 500
gram of heroin and he was arrested in the present case and during
interrogation, accused Aasif disclosed that he procured 1 kg of
heroin from Rahul and the present applicant Rifat Ali @ Danish
and out of which he supplied 500 gram to accused Babli and
remaining heroin of 500 gram was to be supplied to one Sharifa.
During PC remand, accused Aasif disclosed that he also procured
heroin from accused Waseem and same was supplied to one lady
namely Seema. On 18.07.2023, at the instance of accused Aasif,
the present applicant / accused Danish @ Rifat Ali was
apprehended with 300 gram of heroin which was recovered from
car bearing registration no. UP-25DL-8462 and the said car was
found registered in the name of accused/ applicant Danish @
Rifat Ali. The raid was conducted at the house of accused
Waseem but he absconded.
2.2 On 16.11.2023, accused Babli was formally arrested
as she was granted anticipatory bail by the Hon’ble High Court
of Delhi.
2.3 On 24.05.2024, accused Waseem surrendered
before the Hon’ble Court and later he was formally arrested in
the present case and supplementary chargesheet is yet to be filed
qua him.
contd....
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2.4 Therefore, prayer is made to dismiss the present
application as the recovery effected in the present case is
commercial in nature and bar of section 37 NDPS Act is
applicable to the present case.
Submissions heard. Record perused. I have also gone
through the judgments cited by ld. Counsel in the bail
application.
FINDINGS/CONCLUSION
3.1 This is the third bail application moved on behalf of
applicant / accused Rifat Ali @ Danish. Earlier two applications
were dismissed as withdrawn vide orders dated 03.10.2023 and
18.03.2024.
3.2 The allegations against the accused are serious in
nature. He played an active role in the drug cartel and supplied
one kg of heroin to co-accused Aasif for the purpose of
trafficking. At the time of his apprehension, he was found in
possession of 300 grams of heroin which he was carrying in car
bearing registration no. UP-25DL-8462 and the said car was
found registered in his name.
3.3 The amount of quantity recovered from the
possession of accused falls under the category of commercial in
nature and bar of section 37 NDPS Act is applicable. Therefore,
the onus is upon the applicant to satisfy the twin conditions
imposed as mandated in judgment titled as Union of India
through NCB (Lucknow) Vs. Nawaj Khan Criminal Appeal
No. 1043/2021.
contd.....
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3.4 In Mansab Ali Vs. Irsan and Anr. 2003 SC 707, it
has been held by Hon’ble Supreme Court that since the
jurisdiction is discretionary, it is required to be exercised with
great care and caution by balancing valuable right of liberty of an
individual and the interest of the society in general.
3.5 Considering the facts and circumstances and the
conduct of accused, no ground is made out to allow the bail
application. Hence, bail application moved on behalf of
accused/applicant Rifat Ali @ Danish is dismissed
accordingly.
Nothing in this order shall tantamount to an
expression of opinion on the merits of the case during trial.
Pursuant to directions issued by Hon’ble
Supreme Court of India in SMWP (Criminal) No. 4/2021
titled as In Re Policy Strategy for Grant of Bail as well as in
compliance of judgment titled as Ajay Verma Vs. State, copy
of this order be sent to Jail Superintendent through e-mail.
Copy of this order be given dasti as prayed for.
(Dhirendra Rana)
Vacation Judge / Special Judge (NDPS):
North, Rohini Courts, Delhi
19.06.2024
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