PAPPU PASWAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Separate applications have been preferred on behalf of Pappu Paswan and Upender under Sec. 439 Cr.P.C. for grant of regular bail in FIR No. 494/2020 under Ss. 20 of NDPS Act, 1985 registered at Police Station Mahendra Park.

(2.) In brief, as per the case of prosecution, on 25/8/2020, PCR call vide DD no. 28 was received at PS Mahendra Park regarding some illegal articles loaded in a vehicle. The same was marked to ASI Jagbir Singh who reached the spot alongwith Ct. Parveen. On reaching the spot i.e. Fruit Mandi, Azadpur, Delhi, complainant Pradeep Sharma informed that he is a Constable in Civil Defence and was posted in Fruit Mandi Azadpur, Delhi under APMC. During his duty hours, he noticed that a truck Tata Eicher 1109, bearing registration no. MH46AR-5558 was parked near Shed No. 7 and 9, water piau in Fruit Mandi, Azadpur and was open from back side. Many plastic bags were lying in the alleged truck which created doubt in the mind of the complainant as fruits are always packed in wooden box and it is vegetables which are generally packed either in jute bags or in plastic bags.

(3.) It is further the case of the prosecution that Ct. Praveen entered the truck and on checking, it was found that some of the plastic bags were filled with some thick substance between the bags of Soyabean and on touching and smelling, the substance looked like 'Ganja'. Twelve plastic bags, weighing 293 kg were accordingly found in the truck and seized and deposited in the Malkhana at the police station. The 55 Soyabean plastic bags were also taken in possession through seizure memo. Accordingly, FIR No. 494/2020 dtd. 25/8/2021, under Sec. 20 NDPS Act, PS Mahendra Park was registered.