MD MUSLIM Vs. STATE

JUDGEMENT

(1.) Vide the present application, the applicant/accused seeks bail in SC No.1324/2016 in pursuance to FIR No.148/2015 registered at Police Station, Crime Branch, Saket Courts for the offences punishable under section 20/25/29 of NDPS Act, 1985.

(2.) The facts of the case are that on 28.09.2015 at about 7:35 pm, under Barapulla Flyover, Ring Road, New Delhi, Vehicle no. CG-10X-6620 was intercepted by the police party. Accused Nitesh Ikka, Virender Kumar, Sanjay Chuahan, and Sharif Khan were found sitting in the vehicle and 180 kg of ganja was recovered. On 03-04.10.2015, accused Nitesh Ikka was taken to Chattisgarh. Accused Md Muslim (petitioner herein) was arrested whose disclosure statement was recorded. Accused Virender @Vire was arrested at the pointing out of the petitioner. Accused Virender @Vire's disclosed the name of the accused Nepal Yadav. On 08.01.2016, accused Nepal Yadav was arrested, but no contraband was recovered from his possession. Original RC and insurance papers of the vehicle no. CG-10X6620 were recovered. The accused namely Nitesh Ikka, Virender Kumar, Sanjay Chauhan, Sharif Khan and the petitioner disclosed that they had brought the contraband for supplying to Virender @Vire. The disclosure statement of Virender @Vire shows that he has kept the documents of the vehicle in a flat whereas it has been allegedly shown to have recovered from the accused Nepal Yadav.

(3.) Learned counsel appearing on behalf of the petitioner submits that the learned Trial Court has failed to appreciate the facts and circumstances of the case while deciding the bail application filed by the petitioner. There is no incriminating evidence against the petitioner. There is no recovery of contraband from the possession of the petitioner. The co-accused Nepal Yadav and Virender @Vire have already been granted bail by this Court vide order dated 26.07.2018 and 10.12.2018 respectively. The petitioner has been assigned similar role by the prosecution, as there is no recovery from the possession of the petitioner, however, he was arrested on the disclosure of accused Nitesh Ikka.