GAURAV MAVI Vs. STATE

JUDGEMENT

(1.) This is an application filed under Section 439 Cr.P.C for grant of regular bail to the applicant /petitioner in case FIR No. 349/19 under Sections 33/38/58 of Delhi Excise Act & 20/21/29 of NDPS Act , registered at Police Station Mehrauli, New Delhi.

(2.) As per the case of the prosecution on 09.06.2019 a raid was conducted by the ACP/Excise Intelligence Bureau alongwith his team at Dhan Mill, 100 Foota Road, Chhattarpur. During the raid, raiding party recovered huge amount of liquor, cash around Rs. 4.04 Lakh. During the personal search of the co-accused Pulkit Rastogi by ACP/EIB, 17 dark brown colour small tablets from the right pocket of his trouser in a plastic transparent polythene were recovered and 20 pink colour tablets form the left pocket of his trouser in a transparent polythene was also recovered. The same was tested with the Narcotic Field Testing Kit and were confirmed as Charas and morphine.

(3.) Co-accused Pulkit Rastogi disclosed that the main organizer of the party was petitioner who had instructed co-accused Pulkit that in case of more such tablets of charas and morphine, he can contact the petitioner. ACP/EIB alongwith the co-accused Pulkit Rastogi went in the parking area where a Land Cruiser bearing No. DL-1CT-4678 belonging to the petitioner was found parked. In the said Land Cruiser three persons were sitting and from the boot of the Land Cruiser 24 bottles of Absolute Vodka Imported 750 ML were found and Bottled in Ahus Sweden was written on them, Ballantines finest blended scotch whisky 22 bottles 750 ML, White Rhino brewing co.-24 bottles (330 ml), Moet & Chandon ice imperial champagne 2 bottle (750 ml), Jagermeister cold macerated essence matured in oak 2 bottle (750 ml), Luca bosiovineyards-1 bottle (750 ml), anorange and a grey bag was also found which was checked and found to contain Rs. 139000/- and a passport of the petitioner and a number of visiting cards were also found in the said grey bag. Thereafter the ACB/EIB informed the local police who seized the articles produced by ACP/EIB and sealed the same with the seal of 'YD' and registered the present case.