SUVASHISH ROY Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) By way of the present bail application filed under Sec. 483 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter 'BNSS'], the applicant/accused seeks regular bail in Case No. VIII/46/DZU/2021, registered by Narcotics Control Bureau (NCB), R.K. Puram, for offences punishable under Ss. 8/20(b)(ii)(A)/21(b)/22(c)/ 23/29 of the The Narcotic Drugs and Psychotropic Substances Act, 1985 [hereafter 'NDPS Act'].

(2.) As discernible from the record, the present case arises from an investigation into an alleged drug trafficking syndicate operating across multiple states, involving numerous accused persons engaged in the procurement, distribution, and sale of narcotic and psychotropic substances. The investigation was initiated on 4/8/2021 based on information shared by the Kolkata Zonal Unit of the Narcotics Control Bureau (NCB), leading to the interception of one Guhan Sarvothaman at IGI Airport, Delhi. A search of his baggage resulted in the recovery of 30 grams of Ganja and 0.45 grams of Ecstasy. Upon interrogation, he disclosed the involvement of Rahul Mishra, and provided his address, indicating the likelihood of contraband being stored at his premises. Acting on this disclosure, a raid was conducted at the residence of Rahul Mishra in Faridabad, leading to the recovery of 1.05 kg of Ganja. Further searches at the residence of Guhan Sarvothaman in Greater Noida resulted in the seizure of 1 kg of Ganja and Rs.15.5 lakhs in cash. The investigation expanded as Guhan Sarvothaman further disclosed the role of accused Aashray Pandey, who was intercepted at Ambience Mall, Gurgaon, with a parcel containing 410 grams of Ganja. The accused Guhan Sarvothaman also disclosed the name of one Tareena Bhatnagar as the one who had promised him to get high quality Ganja, for which he had paid Rs.6.00 lakhs to one Jasbir. The accused Jasbir was arrested on 2/9/2021, who disclosed the names of Shradha Surana and Naman Sharma.

(3.) The name of the applicant, Suvashish Roy, emerged prominently during custodial interrogations of accused persons, particularly through disclosures made by co-accused Jasbir Singh and Shradha Surana. Acting on their statements, a search was conducted at the residence of the applicant, located at Flat No. E-1903, Supertech Livingston Apartment, Crossing Republic, Greater Noida West, District Ghaziabad, on 9/9/2021. During this search, a significant quantity of contraband, including 1.250 kg of high-quality Ganja, 16 grams of Ecstasy pills (MDMA), 6 grams of Heroin, 40 grams of Charas, and 130 grams of suspected psychotropic substances in the form of various colored pills, was recovered. Additionally, a separate seizure of 39.700 grams of cannabis concentrate and 2.530 grams of liquid cannabis was made from a parcel at the Foreign Post Office, Kolkata. The applicant, Suvashish Roy, was arrested on 10/9/2021. The prosecution contends that the apartment in which the recovery was made was a rented premises registered in the name of his mother and himself, and that it was being used as a hub for illicit drug activities.