NAMAN SHARMA Vs. STATE THROUGH NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) By this petition, the petitioner seeks regular bail in case No. VIII/46/DZU/2021 under Ss. 8(c)/20/22/29 of the NDPS Act on a complaint filed by the respondent-NCB.

(2.) Learned counsel for the petitioner contends that even as per the statement recorded under Sec. 67 of the NDPS Act which is inadmissible in evidence, the best case of the respondent is that the petitioner used to consume Ganja in the year 2017 and the payments thereof were made in the year 2021. Even as per the investigation, the group was created by Mohd. Aslam and Parichay Arora and merely because the petitioner was also made an Admin of the group, the liability of the entire group cannot be fastened on the petitioner. Even from the transactions of payments made to Mohd. Aslam and Neil Singhvi by the petitioner, at best, four or five transactions have been shown wherein amounts transferred are 11,000, 5700, 1000, 2000 etc. The petitioner is not a drug trafficker. Though not admitting, even if at some stage the petitioner consumed the drugs, the same would not amount to dealing in a drug trafficking racket. He further states that the similarly placed co-accused namely Devesh Vasa has been granted bail by this Court and Aashray Pandey has been granted bail by the learned Special Court and hence, on parity, the petitioner be also granted bail. The petitioner was working after completing his studies at Kolkata when he was picked up by the officers of the respondent and implicated in this case. The complaint has been filed and the petitioner is no more required for investigation.

(3.) Learned counsel for the respondent states that in view of the embargo under Sec. 37 of the NDPS Act, no case for grant of bail to the petitioner is made out as there is every possibility that on being released on bail, the petitioner will again indulge in same kind of activities and the petitioner being a part of the larger drug network, his role cannot be segregated from the other accused.