DRI Vs. RAJESH SHARMA

JUDGEMENT

(1.) Impugned order of 9th September, 2013, grants bail to respondent-accused and denies bail to his co-accused- Somnath Pal, as contraband substance weighing 136.840 kg. of 3,4-Methylenedioxyphenyl1-2-Propanone and 54.740 kg. of Ephedrine/Pseudoephedrine was recovered from the godown at 35/5, G.T. Karnal Road, Industrial Area, Phase-B, Near Telephone Exchange, Derawal, Model Town Gurdwara, Delhi and the said godown belonged to his co-accused -Somnath Pal.

(2.) In pursuance to the separate raids conducted by different teams of DRI officers at various places, including residence of respondent-accused and the aforesaid godown, apart from the afore-referred contraband substance, cash amount of Rs. 8.40 lacs, some documents and one rubber stamp was also recovered from the residential premises of co-accused- Somnath Pal, whereas from the residence premises of respondent-accused, cash amount of Rs. 3.5 lacs, some documents including blank retail invoices were seized and white coloured HDPE bags, black polythene packets, one blue plastic drum and one corrugated carton and some blue colour plastic bottles having the markings of 'Manhar' Pure Coconut Oil, containing some white coloured powder and off white colour crystalline powdery substance were also recovered.

(3.) Upon testing, the afore-referred substances namely Ephedrine/ Pseudoephedrine were found to be positive. However, application of petitioner for sending samples of 3,4-Methylenedioxyphenyl1-2-Propanone to FSL, Hyderabad was still pending. The bail was granted to the respondent-accused. However, liberty was granted to petitioner- DRI to seek cancellation of bail if anything seriously incriminating against the accused comes up during the course of investigation.