KRISHNAN SUBRAMANIAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition for grant of regular bail filed by the petitioner Kayoom in case FIR No. 18/2018 under Ss. 21/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner has submitted that case of the prosecution is that on 13/2/2018, at about 12.05 p.m., the information was received that Virender Pal Singh and Ram Nath had brought Heroin from West Bengal and they were coming to supply the same to one Ansar at Sector-24, Rohini. The raiding party was formed and Virender Pal Singh and Ram Nath were arrested with 4 kg. of Heroin and the above-mentioned FIR was recorded.

(2.) Notice was issued. Status report has been filed. In the first few pages, the circumstances, under which the FIR was registered and other accused were arrested has been detailed. The police officials came to know during investigation that the present accused Kayoom was arrested in case FIR No. 214/2020 under Ss. 8/18 NDPS Act, PS Bhamora, District Bareilly, UP and he is running in judicial custody. Production Warrant was issued and he was produced before Court on 29/9/2020. The accused was interrogated after seeking permission and thereafter he was formally arrested when sufficient evidence surfaced against him. Necessary permission to take voice sample of accused was obtained from the concerned court and his voice sample was taken on 3/12/2020. The voice sample, along with the questioned exhibits, was sent to CFSL, Lodhi Road, Delhi on 8/12/2020. A report has been received from CFSL and it shows that specimen voice and the questioned voice are matching and it was probably the voice of the present petitioner which was formed in intercepted calls. The accused/applicant was arrested under Sec. 8/18 of NDPS Act in District Bareilly, and case FIR no. 214/2020 was registered as he was indulging in drug trafficking activities and 260 gms of opium was recovered from him. He was granted bail by Allahbad High Court on 10/9/2029. The present applicant/accused was declared PO in the present case and he was later on arrested and there is evidence against him in the form of intercepted calls from his mobile number to mobile numbers of other accused, duly supported by evidence of other accused persons corroborating each other. The case is still at the stage of framing of charges under Sec. 29 of NDPS Act as the present petitioner was part of the criminal conspiracy with other co-accused persons. Other co-accused were granted bail. A total 5 kg of Heroin was recovered, which is a commercial quantity, from the co-accused persons.

(3.) I have heard counsel for the parties.