Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: IA No. 1-24
SC 410-24
State Vs. Mohd. Ahmad
FIR No. 15/2024
PS Crime Branch
U/sec 20/25 NDPS Act
09.09.2024
This is an application under section 483 BNSS for grant of regular bail
moved on behalf of accused/applicant Mohd. Ahmad.
Pr: Sh. Nishant Kumar, Ld. Addl. PP for the State.
Sh. Nand Lal, ld. Counsel for accused/applicant.
Reply to the application filed. Copy supplied.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he has
been falsely implicated in this case and he is in JC since 13.01.2024. It
is further submitted that accused/applicant is a young boy aged about
33 years having clean antecedents. It is further submitted that IO has
not complied with section 50 NDPS Act. It is further submitted that as
alleged accused/applicant was arrested at the spot but there is no
photograph to show that he was arrested with contraband i.e., Ganja. It
is further submitted that investigation against accused/applicant has
already been completed and charge sheet has already been filed.
Hence, it is prayed that accused/applicant be released on bail as he is
ready to abide with any condition imposed by the court.
ARGUMENTS ON BEHALF OF STATE
2.1 Per contra, Ld. Addl. PP for the State has vehemently
opposed that bail application stating that as per reply filed by IO, on
12.01.2024, on receipt of secret information, after compliance of
section 42 NDPS Act, a raiding party was constituted consisting of SI
Amit Maan, HC Trishpal, HC Rajesh, HC Amit (No. 579/CR), HC
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Sonu, HC Amit (No. 996/CR) and HC Narender and left for the spot
alongwith secret informer at about 12:35 PM vide DD No. 99A. At
about 02:35 PM, they reached at the spot i.e., Ganda Nala Road from
Sector-11 Rohini to Rithala, one motorcycle bearing No. UP 84AN
0016 carrying one heavy white plastic sack came from the directions
of JJ Colony, Sector-17, Rohini. On the identification of secret
informer, motorcycle was stopped and accused/applicant was
overpowered by the raiding team members. accused/applicant was
apprised about the secret information and about his legal rights.
Notice under section 50 NDPS Act was served upon the accused.
Plastic sack kept on the motorcycle was checked and same was found
containing 26 kg Ganja. Accused was arrested and contraband was
seized. During interrogation, accused/applicant disclosed that he used
to work as a carrier for one person namely Krishna and on his
instruction, he procured 26 kg ganja from owner person namely
Shadab, who delivered him the consignment of Ganja near Laxmi
Nagar metro Station. During PC remand of accused/applicant search
of source of Ganja namely Krishna and Shadab was carried out but
they could not be traced as their whereabouts are not known.
2.2 It is submitted that allegations against the
accused/applicant are serious in nature as he was found in possession
of 26 kg ganja which falls into the category of commercial quantity. It
is further submitted that accused/applicant is also involved in FIR No.
148/2010 u/sec 302/307/34 IPC PS Burari and there is every
likelihood that he may commit further offence, if he be released on
bail.
Submissions heard. Record perused.
FINDINGS/CONCLUSION
3.1 Allegations against the accused/applicant are serious in
nature. He was found in possession of 26 kg ganja at the time of his
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	State Vs. Mohd. Ahmad
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apprehension. He used to work for one person namely Krishna and on
his instructions, he procured 26 Kg ganja from Shadab. Both the
persons are untraceable. Accused/applicant is involved in FIR No.
148/2010 u/sec 302/307/34 IPC PS Burari and there is every
likelihood that he may commit further offence, if he be released on
bail.
3.2 The amount of quantity recovered from the possession of
accused person 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.
3.3 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 Mohd. Ahmad. Therefore, the application
moved on behalf of the accused/applicant Mohd. Ahmad 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.
Dhirendra Rana
ASJ/Special Judge (NDPS)
North, Rohini Courts, Delhi
09.09.2024
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