DANSINGH Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) The petitioner has preferred the present bail application under Section 439 Cr PC for grant of bail in Session Case no.23/14 pending trial in the court of Sh. Deepak Garg, Special Judge, NDPS Act arising out of FIR No.14/14, PS Special Cell.

(2.) The submission of learned counsel for the petitioner is that no recovery has been affected from the petitioner and the petitioner was not even apprehended at the spot. He submits that the secret information which allegedly pertained to the petitioner-to the effect that petitioner would make delivery of the contraband substance, was not found to be correct, since the petitioner was not present at the spot and was not apprehended at the time of the alleged transaction. He places reliance on the judgment of the Supreme Court in Chenna Boyanna Krishna Yadav v. State of Maharashtra, 2007 1 AD(SC) 119, to submit that merely because he was allegedly in conversation with the accused Georgii Dedov, it cannot be inferred that the petitioner was involved in the supply of the contraband substance to Georgii Dedov. He also places reliance on the judgment of this Court in Karan Singh v. State, Bail Appl. No.1223/2006 decided on 17.05.2006 to submit that, since the petitioner had been arrested on the ground of secret information regarding his links with the co-accused, the secret information was inadmissible unless and until the provider of such information is examined in the court. He submits that in the present case, the secret informer has not been named as a prosecution witness and he has not been examined and the mere mention of the name of the petitioner in the secret information cannot be a reason to prosecute the petitioner.

(3.) On the other hand, the learned APP, on the basis of status report filed in the case, submits that there was specific information that the petitioner would come to Karol Bagh, Delhi along with his other associates in a Alto Car to deliver the consignment of narcotic drugs/substance to one of his associates of Russian nationality Georgii Dedov at 11:00 a.m. on 26.03.2014. Accordingly, a raid was conducted and three accused persons including one foreign national, Georgii Dedov resident of Moscow, with coaccused Anil Kumar @ Nillu and Anil Kumar @ Lucky, both residents of Himachal Pradesh were apprehended. Both Anil Kumar @ Nillu and Anil Kumar @ Lucky reached there in Alto car having registration no.HP01 D3703(which was the same as contained in the secret information), and handed over the consignment of narcotic drugs/substances (charas/hashish) to the above said Russian national. The recovered narcotic drugs were found to be weighing 2.210 kgs-which is a commercial quantity. Accordingly, the FIR in question was registered and the three persons were arrested. During their interrogation, it was revealed that the consignment of recovered narcotic drugs was sent by the petitioner, a resident of Distt. Kanga, Himachal Pradesh through Anil Kumar @ Nillu and Anil Kumar @ Lucky for delivery to Georgii Dedov.