GURPREET SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This application has been filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 (in short, 'CrPC') seeking release on bail in SC No. 420/2022 pending adjudication before the Court of the learned Special Judge, NDPS Act, Patiala House Courts, New Delhi arising out of FIR No.0285/2021 registered with Police Station: Sagarpur, South-West District, Delhi, under Ss. 20/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act').

(2.) In short, it is the case of the prosecution that on 8/6/2021, the applicant was found to be driving a car in a suspicious manner. He was stopped, and on an inspection of the car, two plastic bags were recovered. In one bag there were 7 packets of dark brown colour, while in the other, there were 6 of such dark brown colour packets, making it a total of 13 packets. It is further alleged that on the basis of a visual inspection and from smelling the packets, it could be made out that these packets were containing Ganja (cannabis). Later, the contents of these 13 dark brown packets were taken out from these packets and were mixed together. The total weight of the contraband was 26.790 kgs. The seized Ganja (cannabis) was sealed and deposited in the Malkhana of Police Station, Sagarpur.

(3.) It is further alleged that, in the Police custody, the applicant disclosed that he along with another person, namely Akarm, used to transport cannabis/Ganja from Bawanipatna, (Naxalite Belt), Odisha to Delhi and other places at the direction of one Ajay Lamba. The prosecution alleges that on arrest, Ajay Lamba disclosed that he used to take Ganja from a person, namely Pramod Kumar Tandi @ Tunda, who does agriculture/business of Cannabis in Odisha. He further disclosed that he engaged the applicant herein and Akarm for transporting and supplying Cannabis/Ganja from Pramod Kumar Tandi @ Tunda. The CDRs of the co-accused, that is the applicant, Ajay Lamba, Akarm, and Pramod Kumar Tandi @ Tunda, were analysed, which showed that they were talking to each other from a long time. It is alleged that the applicant herein also disclosed that his step-father-Suraj also used to supply Cannabis/Ganja at various places in Delhi. The prosecution also relied upon certain banking transactions between the co-accused. It is alleged that as Suraj, Akarm, and Pramod Kumar Tandi @ Tunda are absconding, they have been declared as Proclaimed Offenders.