The main legal point established in the judgment is the interpretation of evidence, including intercepted conversations and transaction details, to establish the petitioner's involvement in drug trafficking, and the application of Section 37 of the NDPS Act in dismissing the bail application.

JUDGMENT

Rajnish Bhatnagar, J. - Crl. M.A. 37877/2019

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

BAIL APPLN. 2566/2019

1. This is an application filed under Section 439 Cr.P.C. for grant of bail to the petitioner in case FIR No. 25/2016 U/s 29 R/w section 18 NDPS Act, registered at Police Station-Special Cell, Delhi.

2. In brief the facts of the case are that an information was received about a drug trafficking interstate racket which used to transport drugs from Nagaland and other North-East States to Punjab via UP and Delhi. On 15.05.2016, a specific information was received that two persons namely Shariyat Ali @ Mulla and Gopal have reached with the contraband kept in a truck No. UP 15 CT 1252 in the area of Nand Nagari, Delhi and that 2-3 receivers have also reached Delhi who will be receiving the contraband in the evening for further supply to Punjab.

3. On this information, a special team was formed which apprehended 4 accused persons and recovered 9 kg. of contraband (opium) from the possession of accused Sartaz Ali, 15 Kg. of contraband (opium) from the possession of one accused Javed Ahmed @ Raja and 45 Kg. contraband (opium) from behind the seat in driver''s cabin i.e. total of 69 Kg. of high quality opium was recovered. During the interrogation accused Shariyat Ali @ Mulla disclosed that one packet out of 45 Kg. is to be delivered to petitioner Ishrar Ahmad who was in constant touch with Shariyat Ali. Thereafter on 17.05.2016 the petitioner was arrested.

4. It is alleged that some important conversations were intercepted on the server between Shariyat Ali , Javed Ahmed and petitioner with the main supplier Nizam. The voice samples matched and the petitioner disclosed that he used to take contraband from the main supplier Nizam through Shariyat Ali @ Mulla.

5. It is submitted by the Ld. counsel for the petitioner that no contraband was recovered and seized from the possession of the petitioner and no contraband was recovered at his instance. He further submitted that the voice calls as relied upon by the prosecution are between petitioner and co-accused Nizam only about deposit of money in the bank account of co- accused Nizam and withdrawal of the same from the bank of co-accused Nizam and there is no talk of supply of drugs in the said conversation. He further urged that there is no evidence about the deposit of money by the petitioner in the bank account of co-accused Nizam and the allegations are only of deposit of Rs. 2,80,000/- in cash and the deposit receipt is not in the hand writing of the petitioner. It is further urged that there is no evidence against the petitioner regarding his involvement in this case. It is submitted that no mobile phone has been recovered from the personal search of the petitioner. It is further urged that the petitioner has been implicated in this case only on the basis of the confessional statement of co-accused. It is further urged that the confessional statement of co-accused is not admissible against the petitioner. The Ld. counsel for the petitioner has relied upon :

(a) Chenna Boyanna Krishna Yadav Vs. State of Maharashtra, (2007) CriLJ 782 .

(b) Desh Raj Vs. CBI, (2013) 1 RCR(Criminal) 346 .

(c) Surinder Kumar Khanna Vs. Intelligence Officer, Directorate of Revenue Intelligence, Crl. Appeal No. 949 of 2018 dated 31.07.2018.

6. The state has filed the status report stating therein that some mobile numbers were on legal interception of persons who were suspected to be involved in drug trafficking i.e. 8473933249 which has been recovered at the time of arrest from Shariyat Ali @ Mulla Ji, mobile No. 8726284545 was recovered at the time of arrest from receiver Javed Ahmed @ Raja, mobile No. 8756347097 was recovered at the time of arrest from the petitioner and mobile No. 8415016400 was of the main supplier Nazir Hussain @ Nizam. It is further stated in the status report that during interception there was conversation between accused Nazi