DINESH KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Separate Bail applications 2543/2021 and 828/2022 have been preferred on behalf of the petitioners Dinesh Kumar and Vinod Kumar Pandey @ Anand Panday under Sec. 439 Cr.P.C. for grant of regular bail in FIR No. 202/2019, under Sec. 471/474/482 IPC and Sec. 20, 25 and 29 of NDPS Act, registered at PS Crime Branch, Rohini North.

(2.) In brief, as per the case of prosecution, on 11/7/2019, acting upon a secret information regarding supply of contraband marijuana i.e. Ganja in Delhi, a trap was laid near Gate No. 1, Bawana Industrial Area. The person who got down from driver side of the truck bearing No. NL-07A-7611 was identified as Dinesh and the one who got down from the other side was identified as Mohd. Kazim @ Laddan by the secret informer and were apprehended by the raiding party. After completion of legal formalities, formal search of the truck was made and 16 bags of contraband marijuana i.e. Ganja were recovered from the said truck, which weighed 800 Kgs. Accordingly, FIR No. 202/2019, under Sec. 20/25/29 NDPS Act was registered and both the accused Dinesh Kumar and Mohd. Kazim @ Laddan were arrested at the spot.

(3.) During investigation, Mohd. Kazim @ Laddan disclosed that the recovered Ganja belonged to one Salaam Mansoori, R/o Ranhola, Delhi and Anwar S/o Karim Khan. Further, petitioner Dinesh Kumar disclosed that the alleged truck belonged to petitioner Vinod Kumar Pandey, R/o Mirzapur, U.P. Later on, accused Salaam Mansoori was also arrested on 19/9/2019 in the present FIR. The Chassis number of the truck was found to be tampered/erased and the documents of the truck were found to be fake. Accordingly, Sec. 471/474/482 IPC were invoked. Vinod Kumar Pandey was initially declared PO on 6/2/2020. Subsequently, it was revealed during investigation that the petitioner/accused Vinod Kumar Pandey was in J.C. in District Jail Mirzapur, U.P. in another case and was formally arrested in the present FIR on 24/2/2021.