Interim Order 31

Order Details: COPY OF ORDER
Pdf Text: SC No. 747/23
State Vs Naresh Kumar Gupta & Ors.
FIR No. 117/23
PS Crime Branch
10.09.2024
Present: Ms. Promila Singh, Ld. Addl PP for State.
Accused Mangi Devi, Shankar Lal Dhakad and
Pushpender Kumar Meena are present on bail.
Accused Naresh Kumar Gupta, Dilip Kumar Mishra
and Neeraj Kumar Sharma produced from JC.
Ms. Nisha Chauhan, Ld. Counsel for accused
Pushpender Kumar Meena.
Sh. S.P. Sharma, Ld. Counsel for remaining accused
persons.
Order on Charge
1. It is the case of the prosecution that on 17.05.2023,
on receipt of secert information, at about 1.30 pm near Bhalswa
Jheel, New Pusta Road, Bhalswa Dairy, Delhi, accused Naresh
Kumar Gupta and Dilip Kumar Mishra were apprehended with a
white colour Swift Dzire car bearing registration no. DL-1ZA-
5796 belonging to accused Neeraj and you both accused were
found in possession of three white colour plastic kattas which
you were taking in the abovesaid car and on weighing, the said
kattas were found containing 55 kgs of poppy straw.
1.1 During interrogation, accused Naresh Kumar Gupta
stated that accused Neeraj used to work as Ola, Uber driver and
he came in contact with accused Neeraj as he used to live on rent
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in his neighbourhood. He further disclosed that in February 2023,
accused Neeraj approached him and asked him to assist him in
purchase and sale of poppy straw. He disclosed that accused
Neeraj used to purchase poppy straw from Rajasthan and sale in
Delhi. Thereafter, accused Neeraj sent him alongwith accused
Dilip and one another boy to Rajasthan in a Swift car at Tonk,
Rajasthan, from there, one person who came in a white colour
van gave them four kattas of poppy straw. Thereafter, they came
back to Delhi and accused Neeraj asked them to park the said car
near his house and gave Rs. 5000/- to accused Naresh Kumar
Gupta. He further disclosed that again in March 2023, he
alongwith Neeraj went to Rajasthan and came back to Delhi after
taking four kattas of poppy straw and again accused Neeraj gave
him Rs. 5000/-.
1.2 Accused Naresh Kumar Gupta further disclosed that on
16.05.2023 also, accused Neeraj sent him and accused Dilip
Kumar Mishra in the aforesaid Swift Dzire car to Jaipur Kota
Road near Surya Mahal Hotel near flyover Devli Tonk, Rajasthan
where they met the same person who used to hand over them the
poppy straw kattas to them and he handed over them three plastic
kattas of poppy straw. Out of the said three kattas, they
concealed the said kattas in the said car. Thereafter, they came
back to Delhi and as per the instructions received from accused
Neeraj, when they were waiting near Bhalswa Jheel for accused
Neeraj, they were apprehended by the police.
1.3 Accused Naresh Kumar Gupta further disclosed that
accused Neeraj used to transfer the amount in his account from
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his several bank accounts. He also disclosed that on the
directions of accused Neeraj, he also transferred money to the
account of accused Shankar and other persons.
1.4 Accused Dilip Kumar Mishra also disclosed the
same facts during his interrogation.
1.5 During investigation, accused Neeraj and Shankar
were identified as receiver and source of contraband by accused
Naresh Kumar Gupta and Dilip Kumar Mishra. .
1.6 During investigation, accused Neeraj was also
arrested and during disclosure, he disclosed that he is a cab driver
and in the year 2018, he purchase a second hand Swift Dzire car.
He stated that accused Dilip Kumar Mishra alongwith one Pawan
met him and they used to hire his car for Badaun from where
they used to bring bags containing some intoxicated substance
and they used to give him Rs. 2000/- extra excluding his fare
charges. He disclosed that in the year 2020, he met Naresh
Kumar Gupta who also used to run taxi from Khajuri Stand. He
also disclosed that he purchased 10 kg of poppy straw for an
amount of Rs. 24,000/- from accused Shankar and he sold the
same to Pawan in Delhi for an amount of Rs. 28000/-. Thereafter,
he involved accused Dilip Kumar Mishra and Naresh Kumar
Gupta in the purchase and sale of poppy straw. He admitted that
he sent accused Dilip Kumar Mishra and Naresh Kumar Gupta to
Rajasthan in his Swift Dzire car for taking the supply of poppy
straw from accused Shankar. He used to sell the said poppy
straw to Pawan in Delhi. On 16.05.2023 also, he sent accused
Naresh Kumar Gupta and Dilip to Rajasthan for taking the
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delivery of Poppy Straw and on 17.05.2023, when accused
Naresh Kumar Gupta and Dilip were waiting for him near
Bhalswa Jheel, they were apprehended by the police.
1.7 During investigation, efforts were made to
apprehend accused Shankar Lal Dhakad but he could not be
apprehended. Accused Mangi Devi (mother of accused Shankar
Lal Dhakad) was interrogated about the transaction of Rs. 4.25
lacs made by accused Naresh Kumar Gupta and Neeraj Kumar
Sharma in her account but she failed to give any satisfactory
reply.
1.8 During investigation, accused Pushpender Kumar
Meena was also enquired about the transaction of Rs. 19,000/-
made on 16.05.2023 made by accused Naresh Kumar Gupta in
his SBI Account but he failed to give any satisfactory reply.
1.9 Accused Shankar Lal Dhakar was arrested later on.
Accused Mangi Devi and Pushpender Kumar Meena were also
arrested in the present case being the receiver of the sale
proceeds of the contraband.
2. It is argued on behalf of accused Naresh Kumar
Gupta and Dilip Kumar Mishra that they have been falsely
implicated in this case by the police officials and case property
has been planted upon them. It is further argued on behalf of
accused persons that they have nothing to do with the alleged
offence and they have been falsely implicated in this case.
3. I have heard the arguments and perused the record.
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4. During investigation, call details records as well as
location of the accused Naresh Kumar Gupta, Dilip Kumar
Mishra and Neeraj were analyzed and they were found connected
with each other. The location of the accused persons also verifies
the fact that accused Naresh Kumar Gupta alongwith Dilip
Kumar Mishra had taken the supply of contraband poppy straw
from accused Shankar Lal Dhakad at Tonk Road, Rajasthan,
which was recovered from their possession from the Swift car
belonging to accused Neeraj.
4.1 Moreover, there are bank transactions between
accused Naresh Kumar Gupta and Shankar Lal Dhakad showing
transfer of money to the account of accused Mangi Devi. There is
a bank transanction done from the account of accused Naresh
Kumar Gupta to the account of Pushpender Kumar Meena.
4.2 There are many financial transactions between
accused Neeraj and Shankar Lal Dhakar. Accused Neeraj also
transferred money to the account of accused Mangi Devi.
4.3 In view of the abovesaid discussion, I am of the
considered view that there is enough material available on record
to frame charge under section 15 (c) r/w section 25/29 of NDPS
Act against accused Naresh Kumar Gupta and Dilip Kumar
Meena ; under section 15 (c) r/w section 29 of NDPS Act against
accused Naresh Kumar Gupta, Dilip Kumar Mishra and Shankar
Lal Dhakad ; under section 15 (c) r/w 25 / 29 of NDPS Act
against accused Neeraj Kumar Sharma and under section 15 (c)
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r/w section 29 of NDPS Act against accused Mangi Devi and
Pushpender Kumar Meena.
Accordingly, formal charges have been framed
against the accused persons to which they pleaded not guilty and
claim trial.
Put up for PE on 18.01.2025, 01.02.2025 and
06.02.2025.
Complainant, Duty officer, IO and MHC (M) be
summoned for 18.01.2025.
PWs mentioned at serial no. 2 to 6 alongwith MHC
(M ) and IO be summoned for 01.02.2025.
PWs mentioned at serial no. 7 to 10 alongwith MHC
(M ) and IO be summoned for 06.02.2025.
At this stage, it is submitted by accused Dilip Kumar
Mishra that he is not getting proper medical treatment of his
hearing problem in the jail.
Heard.
Let a report be called from the Jail Superintendent
concerned in this regard with a direction to file the same within
ten days from today.
(Dhirendra Rana)
ASJ/Spcl. Judge(NDPS)
North/Rohini Courts/10.09.2024
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