Order 28

Order Details: COPY OF ORDER
Pdf Text: IA No.11-24 SC 38-23
STATE Vs. Raj Kishore & Ors.
FIR No. 174/22
PS Crime Branch
U/sec 15/25/29 NDPS Act & 174-A IPC
10.01.2024
This is first application under section 439 CrPC for grant of
regular bail moved on behalf of accused/applicant Nirpal.
Pr: Sh. Pankaj Bhatia, Ld. Substitute Addl. PP for the
State.
Sh. Gajraj Singh, ld. Counsel for accused/applicant.
IO is present with case file.
Reply to the application filed.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1.1 It is argued on behalf of accused/applicant that he
has been falsely implicated in this case as co-accused Rajesh
Rajput, Raj Kishore and Sanjay made disclosure against him. It is
further submitted that accused/applicant is a young man aged
about 31 years and he is in JC since 16.09.2023. It is further
submitted that no recovery was affected from the possession or at
the instance of accused/applicant. It is further submitted that no
evidence pertaining to financial transaction for the sale purchase
of seized contraband has been placed on record to show that
sale/purchase has been affected in a routine manner. It is further
submitted that except the disclosure statement, there is nothing
on record against the accused/applicant. It is further submitted
that all witnesses are police officials, hence, there is no
possibility of threatening any witnesses or tampering with the
evidence. It is further submitted that investigation against the
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accused/applicant are complete and no useful purpose would be
served in keeping the accused in custody, hence, it is prayed that
accused/applicant be released on bail as he is ready to abide with
any condition.
1.2 Ld. Counsel for accused/applicant has relied upon
Myakala Dharmarajam Vs. The State of Telangana, Maulana
Mohd. Amrirashadi Vs. State of U. P. & anr, Arjangar
Manigarbava Vs. State of Gujarat, Pravin Bhai Vs. State and
Ketan Suresh Pawan Vs. Yuvraj Sandeep Sawant in support their
contentions.
ARGUMENTS ON BEHALF OF STATE
2.1 Per contra, Ld. Substitute Addl. PP for the State has
vehemently opposed the bail application stating that in the
intervening night of 16-17.08.2022 one Tempo Tata Ace DL-
1LW 4392 was intercepted which was loaded with 8 plastic bags
containing the Poppy Straw (157.6 kg) and co-accused Raj
Kishore and Rajesh Rajput were arrested and contraband was
seized. During interrgoation, both the accused persons disclsoed
that they had brought the recovered Poppy Straw (doda/Bukhi)
from a godown in Village Khera Kalan owned by one Sanjay. At
the instance of accused persons, raid was conducted at said
godown and accused Sanjay was arrested and 10 more bags
containing 197 kg Poppy Straw (doda/bukhi) were seized. During
interrogation, accused Sanjay and Rajesh disclosed that they
worked for co-accused Nirpal r/o Punjab. It is stated that accused
Sanjay and Rajesh Rajput disclosed that accused/applicant Nirpal
used to give direction through mobile No. 8847565452 which
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was found registered in the name of Omkar s/o Dipti. Raid was
conducted at Mahipalpur, Punjab where accused/applicant owned
a gym but he was not found there, however, Omkar was found
present an he informed that his mobile number was being used by
his nephew Nirpal.
2.2 It is further submitted that notice was served upon
HDFC Bank to obtain the details of bail account linked with
mobile no. 8847565452 and concerned bank officials replied that
the bank account 50100038820160 maintained by
accused/applicant Nirpal is linked with the said mobile number.
2.3 It is further submitted that vide order dated
22.03.2023, accused/applicant was declared proclaimed offender.
On 24.06.2023 SI Gurpreet CIA Hosiyarpur, Punjab Police
informed that accused/applicant Nirpal was arrested in FIR No.
104/22 under section 15/29 NDPS Act PS Chabbewal. On
25.08.2023, production warrants were issued against
accused/applicant Nirpal and accordingly, accused/applicant was
produced and he was arrested and disclosed that he could identify
the whereabouts of supplier Jugraj. Accordingly, PC remand of
accused/applicant was obtained and raid was conducted at Seth
Sanwaria Dhaba, Shamli road where they came to know that
accused Jugraj has been arrested by U. P. Police in FIR No.
346/23 under section 8/15/20/25/29/37 NDPS Act and 183.690
kg poppy straw and 4 kg charas were recovered from his
possession. Accused Jugraj was interrogated in Mujjafarnagar
Jail but no evidence came on record against him.
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2.4 It is further submitted that accused/applicant is
involved in other cases of NDPS Act and there is every
likelihood that he may commit further offence, if he be released
on bail.
Submissions heard. Record perused. I have also
gone through the judgment/orders relied upon by Ld. Counsel for
accused/applicant.
FINDINGS/CONCLUSION
3.1 The allegations are serious against the
accused/applicant. He actively participated in the drug syndicate
and there are 92 telephonic conversations between him and other
co-accused Sanjay. Accused Nirpal used to give directions
through mobile number 8847565452 to co-accused Sanjay on
mobile No. 9873160092, who was the owner of the godown from
where the contraband was recovered. Mobile No. 8847565452
was registered in the name of Omkar s/o Dipti i.e., uncle of
accused/applicant, however, the said account was linked with the
bank account of accused/applicant. Similarly, mobile No.
9873160092 which was being used by co-accused Sanjay was not
registered in his name but same was linked with account No.
520291014643095 Union Bank of India maintained by co-
accused Sanjay. Accused/applicant and co-accused Sanjay are in
constant touch with each other, however, no explanation is
available as to why they were in touch with each other.
3.2 The recovered contraband from other accused
persons falls in commercial category as per section 21 and Bar of
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section 37 NDPS Act is also applicable in the present case as
section 29 NDPS Act is attracted in the present case because the
drug syndicate was being operated pursuant to a criminal
conspiracy hatched by the accused persons. Accused/applicant is
involved in other cases of NDPS Act and there is every
likelihood that accused/applicant may commit further offence, if
he be released on bail. Accused was declared proclaimed
offender and it would be difficult to secure his presence for trial,
if released on bail. He is involved in other cases under NDPS
Act in Rajasthan and Punjab which reflects his involvement in
the drug syndicate. Hence, I am of the considered view that no
ground is made out for grant of bail to accused/applicant
Nirpal. Therefore, the application moved on behalf of the
accused/applicant Nirpal stands dismissed.
Nothing in this order shall tantamount to an
expression of opinion on the merits of the case during trial.
A copy of this order be sent to the Jail
Superintendent concerned for further communication to the
accused/applicant. Copy of this order be sent to Jail
Superintendent in compliance of judgment titled as Ajay
Verma Vs. State.
Copy of this order be given dasti as prayed for.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
10.01.2024
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