RAM AVTAR TYAGI Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) Present petition has been filed under Sec. 439 Cr.P.C. seeking regular bail against Judgement and order dtd. 21/6/2021 passed by Ld. Spl. Judge, NDPS Act, PHC New Delhi in Sessions Case No. SC 93/2018 arising from Case No. VII/34/DZU/2017 under Sec. 20/23/29 NDPS Act registered at PS NCB.

(2.) Learned counsel for the petitioner submits that the petitioner is in custody since 10/12/2017. The case as stated by the prosecution is that on the basis of information, the NCB team on 7/12/2017, searched a courier parcel bearing Airway Bill No.3048467936 at UBX Courier, A Block, Plot No.409, Road No.4, Gali No.10, Mahipalpur, Delhi-37. The Sender as per details was Jenish Lama r/o 156, Sector 4, Jagdish Pura, Agra-282002 UP and parcel was destined to Gauthier Devish, 12 Bischement Delux Croix, Verta 84130 Le Pontel, France. It has been alleged that upon search of the said parcel, it was found to contain 70 religious books and when cut-open the board of the books were found to contain dark-brown colour substance which on testing with Field-Testing Kit gave positive result for Charas. Similarly, all the 70 books were checked and all books were found containing similar substance kept in similar manner and on checking with Field-Test Kit, all gave positive result for Charas and found to be of same colour, texture and property. The charas was allegedly concealed in religious books. The total quantity of recovered substance came out to be 06.500 Kgs of Charas. The contraband was seized along with documents and the Panchnama of recovery was drawn at the spot on 7/12/2017 in the presence of independent witnesses. It has further been alleged that further during investigation it was revealed that the parcel was booked from Overnite Express Courier Shop No.6, Block No.32, Sanjay Palace, Agra UP. On enquiry being made from Overnite Express Mr. Pawan Kumar Pandey, it was revealed that one Jenish Lama has booked the parcel. Mr. Pawan Kumar Pandey informed that they had also taken the ID of the said person who came to book the said parcel which disclosed the name of Devender Sen s/o Vishwanath Singh. Upon verification of the address of Jenish Lama, the same could not be located. Allegedly, during investigation on 9/12/2017, the NCB team reached the address of Devender Sen who disclosed that the parcel concealing the Charas in the religious book was delivered to him by his friend Ram Avtar Tyagi r/o Prakash Vihar, S.S. Public Schook, Partap Pura, Agra which was actually sent to him by Vikrant Gurung, a Nepal National. Mr. Devender Sen also revealed that his friend Vikrant Gurung is coming to Agra from Nepal, and he can identify them.

(3.) It has been further alleged that in pursuance of summons, Vikrant Gurung tendered his voluntary statement under Sec. 67 of NDPS and admitted to have sent the parcel containing charas from Nepal through a bus which was received by Ram Avtar Tyagi and delivered to Devender Sen. It has been stated that Ram Avtar Tyagi also tendered his voluntary statement under Sec. 67 on 10/12/2017 wherein he admitted his involvement in handing over the said parcel. Subsequently, Devendra Sen, Vikrant Gurung and Ram Avtar Tyagi were arrested on 10/12/2017.