ISHRAR AHMAD Vs. STATE

JUDGEMENT

(1.) The present application under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the applicant seeking regular bail in case FIR bearing no. 25/2016, registered at Police Station (PS) Special Cell, Delhi for the offences punishable under Ss. 18/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) Briefly stated, the facts of the present case are that on an information received by the Special Cell, Northern Range, the mobile numbers 8493733249, 8726284545, 8415016400, 970665247 and some other numbers were kept under legal interception on specific information being received on 15/5/2016 through secret sources. Four accused persons were apprehended which resulted into recovery of 69 kg of high quality opium which is commercial quantity. During investigation, it surfaced that out of the said recovered contraband, 15 kg was to be specifically supplied to present accused/applicant Ishrar Ahmad, who is also one of the key members of inter-state drug cartel, who receives and purchases large quantity of drugs from the supplier members of the cartel and thereafter distributes the same on huge monetary gain. The applicant Ishrar Ahmad was arrested on 17/5/2016 when he had come to Delhi to receive the consignment of opium. The mobile number used by Ishrar Ahmad was 8756347097. During further investigation, the intercepted conversation was analysed and it was found that there were several calls between the present applicant and main supplier Nazir Hussain @ Nizam from mobile number 8415016400. It is also stated that the intercepted conversation revealed that present accused was demanding contraband from co-accused Nazir Hussain and was also discussing payments against the same. The intercepted calls and voice samples of applicant Ishrar Ahmad were got examined at FSL where the FSL report revealed that the voice samples matched with the intercepted conversation voice of the applicant. It was also revealed that huge suspicious transaction of more than Rs.3.00 crores were found within two years from 2014 to 2016 in the bank account of co-accused Nazir Hussain and many times cash was deposed from Sahajahanpur, U.P. which is the place of residence of the present accused applicant and co-accused from where they were arrested.

(3.) Learned senior counsel for present accused/applicant argues that the applicant has been in judicial custody for 06 years 09 months and therefore, is covered by the guidelines laid down in para 15(iii) of decision in Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) v. Union of India (1994) 6 SCC 731. It is also argued that the applicant was not named in the FIR and has been falsely implicated in the present case. It is stated that nothing has been recovered from the applicant and he is not the main supplier of the contraband. It is also argued that except for the disclosure statement which is inadmissible in law, there is nothing on record against the applicant, and reliance in this regard is placed on the decision of Hon'ble Apex Court in Tofan Singh v. State of Tamil Nadu (2020) SCC Online SC 882. It is also stated that present accused/applicant retracted his statement under Sec. 67 NDPS Act before the learned Trial Court. It is further stated that it will take long to conclude the trial, and therefore, bail be granted to the applicant.