Order 15

Order Details: COPY OF ORDER
Pdf Text: IA 4-24
SC No. 747-23
STATE Vs. Shankar Lal Dhankar @ Dhakad
FIR No. 117/2023
PS Crime Branch (North)
U/sec 21/25/29 NDPS Act
30.03.2024
This is second application under section 439 CrPC for grant of
regular bail moved on behalf of accused/applicant Shankar Lal
Dhankar @ Dhakad.
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. S. P. Sharma, Ld. Counsel for accused/applicant.
IO is present.
Reply to the application has already been filed on the
last date.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1.1 It is argued on behalf of accused/applicant that he has
been falsely implicated in this case and he is in JC since 07.08.2023. It
is further submitted that no useful purpose would be served in keeping
the accused/applicant in custody as investigation against him has
already been complete and charge sheet has already been filed. It is
further submitted that co-accused Mangi Devi and Pushpender Kumar
Meena have already been granted regular bail vide order dated
01.12.2023 and accused is entitled to be released on bail on the ground
of parity. Hence, it is prayed that accused/applicant be also released on
bail as he is ready to abide with any condition imposed by court.
1.2 Ld. Counsel has relied upon Mohan Lal Vs. The State
of Punjab Criminal Appeal No. 1880/2011, Somdutt Singh @
Shivam Vs. NCB Bail Appln. 2657/2021 & Crl. M.A. 9111/2022
and Jasbir Singh Vs. Narcotics Control Bureau Bail Appl. No.
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1120/2022 in support of his arguments.
ARGUMENTS ON BEHALF OF STATE
2.1 Per contra, Ld. Addl. P.P for the State has vehemently
opposed the bail application stating that on the basis of secret
information, on 17.05.2023 a raid was conducted near Bhalswa Jheel,
New Pusta Road, Bhalswa Dairy, Delhi and on the pointing out of
informer, co-accused Naresh Kumar Gupta and Dilip Kumar Mishra
were apprehended alongwith Swift Dezire car bearing No.
DL1ZA5796. Upon checking the car, three white plastic bags were
recovered which were found to be containing 20+20+15= 55 kgs of
Doda Post (Poppy Straw). Accused persons were arrested and
contraband was seized. It is further submitted that during
investigation, co-accused Neeraj Kumar Sharma (receiver) was also
arrested on 07.06.2023. It is further submitted that many financial
transactions were found between co-accused Naresh and source of
contraband i.e., accused/applicant Shankar. During investigation raids
were conducted for the search of accused/applicant Shankar but he
could not found at his house. Notice under section 67 NDPS Act was
served upon the accused/applicant Shankar, however, he did not join
the investigation and NBWs were obtained against him. On
07.08.2023, accused/applicant Shankar Lal Dhankar @ Shankar
Dhakad joined the investigation and he was arrested in this case.
During investigation he disclosed that he used to supply doda post to
co-accused Neeraj. It is further submitted that CDR connectivity was
found between co-accused persons Naresh Kumar Gupta, Dilip Kumar
Mishra and Neeraj. CDR connectivity was also found between co-
accused Neeraj and accused/applicant Shankar Dhakad (supplier). It is
further submitted that recovered car was also found registered in the
name of co-accused Neeraj Kumar Sharma. It is further submitted that
there are many financial transactions between accused/applicant with
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receiver Neeraj Kumar Sharma and Naresh Kumar Gupta.
2.2 It is further submitted that being the supplier of the
contraband, there is every likelihood that he may commit further
offence, if he be released on bail.
Submissions heard. Record perused. I have also gone
through the judgment/orders referred by Ld. Counsel for accused.
FINDINGS/CONCLUSION
3.1 Allegations against the accused/applicant are serious in
nature. He used to supply the contraband to co-accused persons and as
per CDR his location was also found at Deoli Tonk, Rajasthan from
where he used to supply contraband to co-accused Dilip Kumar
Mishra and Naresh Kumar Gupta. There is CDR connectivity between
accused/applicant and co-accused Neeraj Kumar Sharma (receiver).
There are many financial transactions between accused/applicant
(supplier) and co-accused Neeraj Kumar Sharma (receiver) and
Naresh Kumar Gupta. No explanation has been given by the accused
qua CDR connectivity and bank transactions with co-accused persons.
It is admitted case that co-accused persons are not related to each
other by any relation.
3.2 Plea of ground of parity is not available to the
accused/applicant as co-accused Mangi Devi and Pushpender Kumar
Meena have been charge sheeted without arrest by the IO and their
roles were different from the present accused. Accused/applicant did
not join the investigation and NBWs were issued against the
accused/applicant thereafter, only he joined investigation. Moreover, I
do not find any change in circumstance after withdrawal of first bail
application on 09.01.2024 till date.
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3.3 The judgments relied upon Ld. Counsel for the
accused/applicant are not applicable to the present case being
distinguishable on facts and moreover, granting bail is a discretion
which is to be exercised by the Court as per facts and circumstance of
each case.
3.4 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. Therefore, the application moved on
behalf of the accused/applicant 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)
Special Judge (NDPS):
North, Rohini Courts, Delhi
30.03.2024
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