Delhi High Court - OrdersShami @ Bhujjee vs The State (Nct Of Delhi) on 7 March, 2022Author:Manoj Kumar OhriBench:Manoj Kumar Ohri$~9\n                        *     IN THE HIGH COURT OF DELHI AT NEW DELHI\n                        +     BAIL APPLN. 4393/2021\n                              SHAMI @ BHUJJEE                          ..... Petitioner\n                                             Through Mr.   Sudhir Kumar      Santoshi,\n                                                     Advocate\n\n                                            versus\n                              THE STATE (NCT OF DELHI)                      ..... Respondent\n                                            Through   Ms. Meenakshi Chauhan, APP for\n                                                      State with SI Surender Singh, Special\n                                                      Cell (Mobile: 9555672791)\n\n                              CORAM:\n                              HON'BLE MR. JUSTICE MANOJ KUMAR OHRI\n                                      ORDER%             07.03.20221.    The present bail application has been filed underSection 439Cr.P.C.\n                        on behalf of the applicant seeking regular bail in FIR No. 54/2014 registered\n                        underSections 21/29of the NDPS Act at P.S. Special Cell, Lodhi Colony,\n                        New Delhi.2.    Learned counsel for the applicant submits that the applicant is in\n                        custody since 23.01.2015 and the charge sheet having been filed, he is not\n                        required for any investigation. It is further submitted that in the present case,\n                        no recovery of any narcotics substance has been effected at the instance of\n                        the applicant and he came to be arrested only on the basis of the disclosure\n                        statements of co-accused persons, namely, Javed Khan @ Rakesh and\n                        Pankaj Upadhya and the alleged transcript of conversations between him\n                        and the co-accused persons. Further, the 'heroin' allegedly recovered from\n                        Javed Khan @ Rakesh was later, as per the FSL Report, opined to be\n                        Paracetamol. It is further submitted that though the prosecution has alleged\n\n\nSignature NotVerified\nDigitally Signed\nBy:SANGEETAANAND\n                         banking transactions between co-accused persons, however, insofar as the\n                        present applicant is concerned, there is neither such allegation nor any\n                        material collected during the course of investigation. Lastly, it is submitted\n                        that though the prosecution has cited a total of 41 witnesses, however, till\n                        date only 12 witnesses have been examined that too in part.3.       Learned APP for the State, on the other hand, has vehemently\n                        opposed the bail application. She submits that the name of the present\n                        applicant has surfaced in the disclosure statements of the co-accused\n                        persons, after they were arrested. It is submitted that mobile phones were\n                        kept on surveillance and from the transcript of conversation, it can be seen\n                        that the present applicant was in touch with the co-accused persons and was\n                        discussing the rates as well as the quantity of the material, which can be\n                        inferred to be narcotics. She further submits that as per the FSL Report, the\n                        voice sample of the applicant has matched with the voice in the intercepted\n                        call. It is also submitted that the applicant is also found involved in cases of\n                        similar nature. Learned APP for the State, on instructions, submits that no\n                        recovery has been effected at the instance of the present applicant.4.       In rebuttal, learned counsel for the applicant submits that insofar as\n                        the other cases registered against the applicant under theNDPS Actare\n                        concerned, the applicant has already been acquitted in all the cases. In this\n                        regard, he has placed reliance on the orders, which have been placed on\n                        record to submit that the applicant has already been acquitted in all the other\n                        cases.5.       I have heard learned counsel for the applicant as well as learned APP\n                        for the State and perused the entire material placed on record.6.       As per the prosecution case, co-accused persons, namely, Dharam Raj\n\n\nSignature NotVerified\nDigitally Signed\nBy:SANGEETAANAND\n                         @ Dharma and Chandra Shekhar were arrested on 24.11.2014, when they\n                        were allegedly exchanging 1.5 kg of heroin. Subsequent to the disclosure\n                        statements and on the basis of the intercepted call, the present applicant\n                        came to be arrested on 23.01.2015. The name of the present applicant has\n                        only surfaced in the disclosure statements of co-accused persons, namely,\n                        Javed Khan @ Rakesh and Pankaj Upadhya. Admittedly, no recovery has\n                        been effected from the present applicant.A prima facie reading of the aforesaid transcript of conversation of\n                        the applicant with the co-accused persons would show that though\n                        conversation with respect to sale/purchase of some material has been made,\n                        however no reference of any narcotic substance has come. The applicant is\n                        in judicial custody since 23.01.2015 and out of a total of 41 prosecution\n                        witnesses cited, only 12 have been examined till date, and that too partially.\n                        Further, insofar as the present applicant's involvement in other cases under\n                        theNDPS Actis concerned, the orders placed on record would show that he\n                        has already been acquitted in all other cases, which fact has not been denied\n                        by the prosecution.7.     Keeping in view the aforesaid facts and circumstances of the case; the\n                        period already undergone and on prima facie reading of the entire material\n                        placed on record, this Court is of the opinion that bar ofSection 37of the\n                        NDPS Act is met in the present case. Accordingly, it is directed that the\n                        applicant be released on regular bail subject to his furnishing a personal\n                        bond in the sum of Rs.50,000/- with one surety of the like amount to the\n                        satisfaction of the concerned Jail Superintendent/concerned Court/Duty\n                        M.M. and also subject to the following conditions :-i) The applicant shall remain available on mobile number i.e.,\n\n\nSignature NotVerified\nDigitally Signed\nBy:SANGEETAANAND\n                                  7906696271 (which belongs to his cousin brother/Javed), which shall\n                                 be kept operational at all times during the pendency of the trial.ii) The applicant shall not directly/indirectly try to get in touch with the\n                                  complainant or any other prosecution witnesses or tamper with the\n                                  evidence.iii) The applicant shall report to the SHO, P.S. Galshaheed, District\n                                   Moradabad, U.P. on first Monday of every month during the\n                                   pendency of the trial.iv) The applicant shall regularly appear before the concerned Court\n                                  during the pendency of the trial.v) In case of change of residential address or contact details, the\n                                 applicant shall promptly inform the same to the concerned\n                                 Investigating Officer as well as to the concerned Court.8.       The bail application is disposed of in the above terms.9.       Copy of the order be communicated electronically forthwith to the\n                        concerned Jail Superintendent for information.10.      Copy of the order be also uploaded on the website forthwith.11.      Needless to state that nothing observed hereinabove shall amount to\n                        an expression on the merits of the case and shall not have a bearing on the\n                        trial of the case.MANOJ KUMAR OHRI, J\n                        MARCH 7, 2022/v\n                                                           Click here to check corrigendum, if any\n\n\n\n\nSignature NotVerified\nDigitally Signed\nBy:SANGEETAANAND