Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: SC No. 802/24
State Vs Janak Lal Chetry & Ors.
FIR no. 47/23
PS Crime Branch-North Delhi
26.07.2025
Present : Dr. Raj Rani, Ld. Addl PP for State.
All accused are present on bail.
Eliza Rumthao and Samuel Khobung, Ld. Counsels for
accused Damelashem.
Sh. Prang Newmai, Ld Counsel for Iba Kordwar.
Sh. Aashutosh Ahuja and Ms. Drishti Juneja, Ld.
Counsels for accused Janak Lal Chetry.
Vide this common order, I shall dispose of applications
for discharge moved on behalf of accused Damelashem Dkhar and Iba
Kordwar and also pass order on charge.
Charge has already been conceded on behalf of accused
Janak Lal Chetry and arguments on charge on behalf of remaining
accused have already been heard on 10.07.2025.
Arguments on applications seeking discharge moved on
behalf of accused Damelashem Dkhar and Iba Kordwar have already
been heard.
It is argued on behalf of accused Iba Kordwar that there
is no evidence against her as nothing has been recovered from her
possession or at her instance. It is further argued that apart from the
disclosure statement of accused Janak Lal Chetry, there is nothing on
record against her. It is further argued that CDR cannot be the sole
ground to frame charge against her.
Contd….
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On behalf of accused Damelashem, it is argued that there
is nothing on record except the bank transaction of Rs. 15,000/- made
by co-accused Janak Lal Chetry. It is further argued that nothing has
been recovered at his instance or from his possession. Therefore, no
material is available to frame charge against him.
I have perused the record.
As per the case of the prosecution, accused Janak Lal
Chetry @ Yubi was apprehended on the basis of secret information
and on being apprehended, he was found in possession of 1.490 kg of
ganja. Thereafter, accused Janak Lal Chetry @Yubi was arrested and
at his instance, he got recovered 1 kg of ganja from his rented
accommodation at House no. 9/21, double storey, second floor, Vijay
Nagar, Delhi. Accused Janak Lal Chetry disclosed the name of co-
accused Iba Kordwar that he purchased the recovered ganja from
accused Iba Kordwar R/o Shilong. During investigation, accused
Janak Lal Chetry and Iba Kordwar were found connected through
CDR. During interrogation, name of accused Damelashem Dkhar
came into picture and accused Janak Lal Chetry used to send money to
accused Damelashem Dkhar in his bank account for purchase of ganja
and there is a bank transanction of Rs. 15,000/- between them.
Accused Damelashem Dkhar was also arrested in this case. Later
accused Nitin Diwakar was also arrested on the disclosure of accused
on the basis of his CDR connectivity with accused Janak Lal Chetry.
Therefore, I am of the considered view that all the accused persons
have entered into criminal conspiracy for the trafficking of ganja
pursuant to which accused Janak Lal Chetry was found in possession
of 1.490 kg of ganja and he also got recovered 1 kg of ganja from his
rented accommodation.
Contd….
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Ld. Counsel for accused Damelashem Dkhar has failed
to give any explanation regarding the bank transaction of Rs. 15,000/-
that for what purpose the said money was transferred by accused
Janak Lal Chetry in the account of accused Damelashem Dkhar.
Similarly, Ld. Counsel for accused Iba Kordwar has failed to give any
explanation regarding the CDR connectivity between her and accused
Janak Lal Chetry. The said failure is against the presumption under
section 35 of NDPS Act and Ld. Defence Counsels have failed to
rebut the said presumption. Hence, there is sufficient material to
frame charge against accused Iba Kordwar and Damelashem Dkhar.
Accordingly, applications for discharge moved on behalf
of accused Damelashem Dkhar and Iba Kordwar stands dismissed and
disposed of.
From the material available on record, offences under
section 29 r/w 20 (b) of NDPS Act are made out against accused Janak
Lal Chetry, Damelashem Dkhar, Nitin Diwakar and Iba Kordwar and
offences under section 20 (b) / 25 r/w section 29 of NDPS Act are
made out against accused Janak Lal Chetry.
Separate formal charges have been framed separately to
which accused persons pleaded not guilty and claim trial.
Put up for PE on 17.12.2025.
Reader to ACP, Duty Officer and MHC (M) be
summoned for next date of hearing.
Dhirendra Rana
ASJ/Special Judge (NDPS)
North, Rohini Courts/26.07.2025
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