Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: IA No. 1-24
SC 507-24
State Vs. Sonu
FIR No. 120/2024
PS Crime Branch
U/sec 21/29/61/85 NDPS Act
04.09.2024
This is an application under section 483 BNSS for g rant of
regular bail moved on behalf of accused Sonu.
Pr: Sh. Nishant Kumar, Ld. Addl. PP for the State.
Sh. Ankur Manav and Sh. Sanjay Kumar, ld.
Counsels for accused/applicant.
IO SI Yashpal Singh is present.
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
23.06.2024. It is further submitted that on the basis of disclosure
statement of accused Saurabh, IO gave notice under section 67
NDPS Act to accused/applicant to join the investigation on
20.06.2024. It is further submitted that in pursuance of notice,
accused/applicant had joined the investigation and IO conveyed
to him that he would give notice to him to join the investigation
further. It is further submitted that thereafter, on 23.06.2024,
accused/applicant was arrested from Haridwar, Uttrakhand and
recovery of contraband was planted upon him. It is further
submitted that investigation against accused/applicant has
already been completed and charge sheet has also been filed and
accused/applicant is no more required for further investigation. It
is further submitted that no notice under section 50 NDPS Act
had ever been served upon the accused/applicant. Hence, it is
FIR No. 120/24
	PS Crime Branch
	State Vs. Sonu & Ors.
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prayed that accused/applicant be released on bail as he 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 the bail application stating that as per reply
filed by IO on 14.06.2024, acting upon secret information,
accused Saurabh @ Gaurav was apprehended. During search of
accused, 160 grams smack was recovered from his possession.
During interrogation, accused Saurabh @ Gaurav disclosed that
he used to work for accused/applicant Sonu and Shanti @ Arti.
CDR of mobile number of accused Saurabh was also obtained
which reflects that accused Saurabh and Sonu were in regular
touch with each other.
2.2 On 23.06.2024, accused Sonu was also arrested and
total 150 grams of heroin was recovered from his possession.
Accused Sonu disclosed that he used to purchase smack/Heroin
from one Rafat Hussain. During investigation on 29.07.2024,
accused Rafat was also arrested and 275 grams heroin was
recovered from his possession.
Submissions heard. Record perused.
FINDINGS/CONCLUSION
3.1 Allegations against the accused are serious in nature.
150 grams heroin was recovered from his possession. He used to
supply the contraband to co-accused Saurabh after purchasing the
same from co-accused Rafat Hussain. He did not join the
investigation after service of notice under section 67 NDPS Act.
He is an active member of the drug cartel. He has been arrested at
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	State Vs. Sonu & Ors.
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the instance of co-accused Saurabh and found in possession of
150 grams of heroin. Thereafter, accused Rafat was arrested at
his instance and further 275 grams of heroin was recovered.
Therefore, total 585 grams of heroin has been recovered by the
IO in this case to burst the drug cartel. Although, recovered
quantity from present accused falls into intermediate quantity
but considering the over all facts and circumstances, there is
every likelihood that he may commit further offence of similar
nature, if he be released on bail. There is every likelihood that it
will be difficult to secure his presence for conclusion of trial as
during investigation, he also evaded his presence and did not join
the investigation despite service of notice under section 67 NDPS
Act.
3.2 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 Sonu. Therefore, the
application moved on behalf of the accused/applicant Sonu
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
04.09.2024
FIR No. 120/24
	PS Crime Branch
	State Vs. Sonu & Ors.
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