SOURABH KOCHETA Vs. CENTRAL NARCOTICS BUREAU

JUDGEMENT

(1.) These are the first applications filed by the applicants under Sec. 439 of Cr.P.C. for grant of regular bail relating to Crime No.1/2021 registered at Police Station 'Central Narcotics Bureau, Mandsaur (M.P.) for the offence under Sec. 8, 8A, 8/15, 8/15(c), 8/18, 15C, 18B, 21C, 25, 27A, 27B, 29 of the NDPS Act.

(2.) As per the prosecution story, on 26/8/2021, the respondent/CBN officials got discreet information from the informer that co-accused Jay Kumar is doing some illegal act in his factory/godown. Acting upon said information, CBN officials while searching the factory/godown which was under the ownership of co-accused Jay Kumar, seized 98 bags of wheat mixed poppy straw total 7841.760 kg, 3 bags containing poppy straw powder weighting 100.190 kg, two bags containing poppy straw husk weighting 21.540 kg, 300 bags containing Afeem Kala Dana (Black Opium) weighting 17557.460 kg and one bag containing 56 kg poppy straw. Four persons were found in the factory namely present applicant/Jai Kumar, Vishambhar, Rajendra and Anurag Agrawal. It is also alleged that one cheque book of HDFC bank account No. 50200052872479 in cheque No. 000138 to 000175 issued in the name of Padamnath Enterprises. During the investigation it is revealed that present applicants Sourabh Kocheta, Prakash and Pankaj Kumawat were also involved in the organized crime of drug trafficking. They were working as syndicate and engaged in drug trafficking for monetary gains for many years. Accordingly, a case has been registered against the present applicants and other co-accused persons.

(3.) Learned counsels for applicants Sourabh Kocheta, Prakash and Pankaj Kumawat contended that all the applicants are innocent and they have been falsely implicated in this matter. Applicants Sourabh Kocheta and Prakash are in custody since 7/1/2023 and applicant Pankaj Kumawat is in custody since 6/7/2022. They were not present on the spot at the time of incident and no recovery was made from their possession. Applicants Sourabh Kocheta and Prakash are businessmen and having series of transactions during the course of business with so many business persons. A mere bank account entry is not a specific and conclusive proof to establish that they are involved in the drug trafficking. Investigation is over and charge sheet has been filed and basically heinous charges have been framed against the main accused Jai Kumar. Therefore, further custody of the present applicants is not required in furthermore investigation. Applicants are permanent residents of District Neemuch and there is no apprehension of their fleeing away from the court of justice. Final conclusion of trial will take considerable long time. Hence, it is prayed that the applicants be enlarged on bail.