Interim Order 17

Order Details: COPY OF ORDER
Pdf Text: IA 7-24
SC No. 375-23
STATE Vs. Amrendra Pandey
FIR No. 82/2023
PS Crime Branch
U/sec 20/25/29 NDPS Act
23.03.2024
This is second application under section 439 CrPC for grant
of regular bail moved on behalf of accused/applicant
Amrendra Pandey.
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Hitesh Shakya and Mohd. Mustafa, Ld. Counsels
for accused/applicant.
Reply to the application filed.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicants that he
has been falsely implicated in this case and he is in JC since
28.08.2023 when applicant/accused himself visited Crime
Branch office in connection to join the investigation. It is further
submitted that investigation in this case has already been
complete and no fruitful purpose will be served in keeping the
accused in custody. It is further submitted that accused/applicant
has never been to Orissa or Fulbani Orissa with co-accused
Arvind Kumar Singh. It is further submitted that no contraband
was recovered either from the possession of accused or at the
instance of accused/applicant. Hence, it is prayed that
accused/applicant be released on bail as he is ready to abide with
any condition imposed by the court.
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ARGUMENTS ON BEHALF OF STATE
2. 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 kg 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 accused Chandan @ Arvind is the
mastermind of this act and he is working on his instructions.
During investigation, accused Arvind Kumar Singh was arrested
and during interrogation he disclosed that his friend
accused/applicant Amrender Pandey influenced him saying that it
is a profitable business to supply Ganja from Odissa to Delhi. It
is further disclosed that it was decided that he will bear all
expenses and vehicle and driver will be arranged by accused
Chandan @ Arvind and accordingly, accused 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/applicant 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/applicant 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, accused/applicant Amarendra visited Fulwani, Odissa
alongwith accused 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
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accused/applicant had absconded and during investigation
accused/applicant Amarender Pandey was arrested. It is further
submitted that as accused/applicant actively participated in the
drug syndicate, section 29 read with section 21 NDPS Act is
applicable. Recovered quantity is commercial in nature and
therefore, bar of section 37 NDPS Act is applicable to all the
conspirators irrespective of the fact that recovery was affected
from co-accused Neeraj only.
Submissions heard. Record perused.
FINDINGS/CONCLUSION
3.1 The allegations are serious against the
accused/applicant. Bail application on merits has already been
dismissed vide order dated 16.11.2023 by this court and all the
facts and circumstances have already been dealt in that order,
hence, I do not find any reason to deal with the same issues
again. Recovered contraband from co-accused falls into
commercial quantity and bar of section 37 NDPS Act is also
attracted towards the present accused as law is settled that in
criminal conspiracy every accused is liable for the conduct and
act of the co-accused and every accused shall be punished for the
main offence, if they were found to be conspired together.
Therefore, allegations against accused are under section 29/21(c)
NDPS Act. There is no change of circumstances after dismissal
of first application on 16.11.2023 till date and no ground is made
out to allow the present bail application as there there is every
likelihood that accused/applicant may commit further offences of
similar nature, if released on bail.
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3.2 Keeping in view the above discussion, I am of the
considered view that no ground is made out for grant of bail
to accused/applicant Amrendra Pandey. Therefore, the
application moved on behalf of the accused/applicant
Amrendra Pandey 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 also forwarded to
Jail Superintendent concerned through E-Mail.
Copy of this order be given dasti to Ld. Counsel as
prayed for.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
23.03.2024
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