Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: IA No. 1-23 SC 375-23
STATE Vs. Arvind Kumar Singh
FIR No. 82/23
PS Crime Branch
11.08.2023
This is first application for grant of bail moved on behalf of
accused/applicant.
Pr: Ms. Promila Singh, Ld. Addl. PP for the State
Sh. S. D. Mishra, ld. Counsel for accused/applicant.
IO is present with case file.
Reply filed by IO.
It is pleaded on behalf of applicant that he is in
custody since 02.05.2023. It is further submitted that
accused/applicant has been falsely implicated in this case by co-
accused persons. Nothing has been recovered from the
possession or at his behest by the IO during investigation. It is
further submitted that no useful purpose would be served in
keeping the accused in custody as investigation qua him has
already been completed. It is further submitted that accused is
ready to abide with any condition imposed by the court, if he be
released on bail.
On the other hand, Ld. Addl. PP for the State
submits that as per reply filed by IO on the secret information
accused Neeraj Kumar was apprehended alongwith car bearing
No. UP65Z4626 and 52 kgs Marijuana/ganja was recovered from
the boot space and hidden cavity built behind the back seat of the
car. It is further submitted that during investigation, accused
Neeraj disclosed that applicant/accused Chandan @ Arvind is the
mastermind of this act and he is working on his instructions.
During investigation, applicant/accused Arvind Kumar Singh was
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arrested and during interrogation he disclosed that his friend
Amrender Pandey influenced him saying that it is a profitable
business to supply ganja from Odissa to Delhi. It is further
submitted that it was decided that he will provide all expenses
and vehicle and driver will be arranged by accused/applicant
Chandan @ Arvind and accordingly, accused/applicant Chandan
@ Arvind purchased a second hand car and hired accused Neeraj
as driver. It is further stated that all the expenses in purchase and
transportation of recovered ganja was provided by accused
Amrendra Pandey and same was purchased from Chandan
Kumar Sahu. It is further submitted that account statement of
accused persons were obtained and it was found that accused
Amrender Pandey made the payment in their accounts on
different occasions. It is further submitted that CDR of phone
numbers of accused persons were also obtained and as per CDR,
Amarendra visited Fulwani, Odissa alongwith accused/applicant
Arvind Kumar to purchase the recovered contraband. It is further
submitted that quantity recovered from the possession of co-
accused is commercial in nature and co-accused Amrender
Kumar Pandey is absconding and proceedings under section 82
CrPC have already been initiated against him. It is further
submitted that accused/applicant actively participated in the drug
syndicate, section 29 NDPS Act is applicable.
Submissions heard. Record perused.
Considering the fact that recovery affected from the
possession of co-accused is commercial in nature and
accused/applicant actively participated in the drug syndicate and
section 29 NDPS Act is also applicable against the accused.
There are money transactions between the present applicant with
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co-accused persons. Law is settled that in case of criminal
conspiracy all accused persons are liable to be punished for the
main offence committed by any of them. The main offence is
squarely covered under section 21(c) as recovered quantity of
contraband is commercial in nature and therefore, bar of section
37 NDPS is also applicable against the present applicant. Co-
accused Amrender Pandey is yet to be arrested by the IO. Hence,
I find no reason to grant bail to accused. Bail application of
accused/applicant Arvind Kumar Singh is dismissed accordingly.
A copy of this order be sent to the Jail
Superintendent concerned for further communication to the
accused/applicant. Copy of this order be also forwarded to
Jail Superintendent concerned through E-Mail. Copy of this
order be given dasti as prayed for.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
11.08.2023
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