Order 25

Order Details: COPY OF ORDER
Pdf Text: 33 1A/03/2026
SC 106/2025
PS CRIME BRANCH
FIR NO. 162/2024
STATE V/S PRADEEP KUMAR
25.07.2026
This is an application under Section 483 BNSS for grant of regular bail
moved on behalf of accused/applicant Pradeep Kumar.
Present: Dr. Raj Rani, Ld. Addl. PP for the State.
Counsel for the applicant/accused.
Present bail application is filed by the applicant in the
instant FIR No.162/2024, PS Crime Branch, registered under Section
20/25/29 NDPS Act.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he is the
sole bread earner in his family, having clean antecedent, falsely
implicated in this case and he was arrested on 28.08.2024 and since then,
he is behind bars. It is further argued that investigation is complete as
charge sheet has been filed. It is further argued that the applicant is
alleged to have transported 120.07 kg of marijuana /ganja in a truck
along with co-accused Sahab Singh. It is further argued that present
applicant is not an owner of the said Truck but he was a helper and was
working in an industry. It is further argued that there was no
communication between the present applicant and the co-accused person
and there is no money trial between them, hence, the concession of bail
should be granted to the applicant as conclusion of trial will take
significant time. Hence, it is prayed that accused/applicant should be
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released on bail as he is ready to abide with any condition imposed by
the court.
ARGUMENTS ON BEHALF OF STATE
2. Per contra, Ld. Addl. PP for the State has vehemently
opposed the bail application stating that applicant/accused along with
co-accused Sahab Singh was arrested with recovery of commercial
quantity of the contraband i.e. 120.07 Kg. of Marijuana (Ganja) in a
Truck while they both were transporting the said contraband. It is further
argued that since there is involvement of commercial quantity of the
contraband from the joint possession of the applicant along with other
accused person, therefore, bar of Section 37 of NDPS Act is attracted in
this matter, hence, bail should not be granted to the applicant. It is further
argued that accused/applicant is involved in drug trafficking. The
allegations against the accused/applicant are serious in nature and there
is every likelihood that accused/applicant may commit further offence of
similar nature, if he be released on bail.
3. Submissions heard. Record perused.
FINDINGS/CONCLUSION
4. Allegations against accused/applicant are serious in nature
as applicant was arrested with commercial quantity of the contraband i.e.
120.07 Kg. of Marijuana (Ganja) on the basis of a secret information
received by the IO. Since, it is an admitted position that commercial
quantity of the contraband is alleged to have been recovered from the
joint possession of the applicant along with other co-accused, therefore,
bar of Section 37 of NDPS Act is attracted in this matter. However, no
arguments were addressed qua twin test laid down under Section 37
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NDPS Act and in the absence of any substantial arguments on Section
37 NDPS Act, the present application cannot be allowed. Therefore,
there is no merit in the argument raised by the Counsel for the applicant.
Hence, I do not find any reason to exercise discretion in favour of
accused/applicant.
5. In view of the above facts and circumstances of the case, I
am of the considered view that no ground is made out for grant of bail to
accused/applicant Pradeep Kumar. Therefore, the application moved on
behalf of the accused/applicant Pradeep Kumar stands dismissed.
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.
Harvinder Singh Johal
Spl. Judge(NDPS)/ASJ
North Distt., Rohini Courts,
Delhi/25.07.2026(
j)
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