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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANOOP KUMAR MENDIRATTA, J.
Bipin Bihari Lenka – Appellant
Versus
Narcotic Control Bureau – Respondent
Bail Appln. 3291 of 2021
Decided on : 25-04-2022
NDPS Act - Bail Application - Sections 8/20/29 - Summary of Acts and Sections: The court discussed the provisions of Section 37(1)(b)(ii) of the NDPS Act and the concept of possession as occurring in Section 20 to 22 of NDPS Act. The court also considered the procedure for obtaining samples by the investigating agency and referred to relevant judgments in this regard.
Fact of the Case:
The petitioner filed an application seeking regular bail in a case under Sections 8/20/29 of NDPS Act. The prosecution's case involved the interception of a truck carrying Ganja and the subsequent arrest of the petitioner and other co-accused.
Finding of the Court:
The court found that the petitioner's involvement in the transportation of Ganja was evident from the circumstances, and the procedure followed for sampling the contraband was not found to vitiate the proceedings at that stage.
Issues: The issues included the petitioner's knowledge and involvement in the transportation of Ganja, admissibility of statements given to the investigating agency, and the procedure for obtaining samples.
Ratio Decidendi: The court applied the provisions of Section 37(1)(b)(ii) of NDPS Act and discussed the concept of possession as occurring in Section 20 to 22 of NDPS Act. The court also considered the procedure for obtaining samples by the investigating agency and referred to relevant judgments in this regard.
Final Decision: The bail application was dismissed based on the court's opinion that no grounds for grant of bail were made out in the light of the twin conditions laid down in Section 37 of NDPS Act.
JUDGMENT :
Anoop Kumar Mendiratta, J.
1. This is an application under Section 439 of Cr.P.C. filed on behalf of the petitioner seeking regular bail in Complaint No. VIII/18/DZU/2020, SC No. : 160/2020, under Sections 8/20/29 of NDPS Act.
2. In brief, as per the case of prosecution, on 25.02.2020, around 3:30 A.M., a truck with registration No. AP16TB8577 being escorted by two cars, namely, Eco Sport & Swift Dzire was intercepted by the NCB team on secret information near Sarita Vihar Metro Station, Delhi. Upon questioning, the truck driver introduced himself as Bipin Bihari Lenka, the petitioner in the present application. Other persons were identified as Mayadhar Behra and Achuta Pradhan (Khalasi). The persons sitting in Swift Dzire were identified as Arjun Pahadi with driver and those in Eco Sport as Virender Tanwar and Sunil Behra with driver. On questioning, they revealed that contraband (Ganja) was concealed in a cavity behind the cabin of the truck. Mayadhar with the help of Achuta Pradhan opened the secret door of the cavity with the help of plier and packets wrapped in brown tape were recovered. Mayadhar and Arjun Pahadi confirmed that Ganja is packed inside the brown packets.
The vehicles were thereafter taken to a secured place/NCB Office for security reasons and search proceedings resumed at 0500 hrs. 106 packets were recovered from the cavity, out of which 58 were of big size and 48 were of small size. On examination of each packet, brown colour grass with leaves was found, which on being tested was found positive for Ganja. Each of the big packets was found to contain 5 Kgs. Approx and each of the small packets weighs 2 Kgs. Approx. The total quantity weighed to be 386 Kgs. Further, 58 packets were divided in separate lots of eleven and 48 small packets in two lots. All the packets recovered from the truck were thus divided in 13 lots. Two samples of 25 gms. each was drawn from each lot (after taking small substance from each packet) and in total 26 samples were drawn. The complete seizure proceedings were conducted as per Panchnama dated 25.03.2020. A seizure report under Section 57 of NDPS Act was accordingly submitted to the Superintendent, NCB by Shri Manoj Kumar, Jr.IO, NCB on 25.03.2020 regarding the seizure.
3. In furtherance to the notices issued under Section 67 of NDPS Act, all the accused persons appeared before Sh. Rajeev Sehrawat, IO and their statements were recorded. Accused Sunil Behera in his statement disclosed that he is engaged in business of supplying Ganja since last one year with the help of his brother Mayadhar Behera & Arjun Pahadi. Further, he came to Virender Tanwar’s home on 17.02.2020 to collect advance money. Virender Tanwar disclosed that he had already deposited all the amount with Mayadhar Behra and Arjun Pahadi’s bank account. Accused Arjun Pahadi disclosed in his statement that he along with co-accused Mayadhar Behera was involved in Ganja business from last one year and they used to supply the said contraband from Ganjam, Orissa to Delhi NCR and Haryana. Further he stated that two months ago co-accused Virender Tanwar came to Orissa and requested him to supply 34 quintals of Ganja to Delhi and also sent money to the bank account of Arjun Pahadi’s wife for the same. He also added in his statement that he arranged Ganja and booked a truck for transportation of the contraband to Delhi. Further, on 21.02.2020 he along with Mayadhar Behera and Achuta Pradhan loaded 386 Kgs. Ganja in the cavity of truck made behind the cabin. A Taxi was also hired by him to escort the truck loaded with Ganja but they didn't disclose to taxi driver about the trafficking of Ganja. On 22.02.2020, Achuta Pradhan (khalasi) and petitioner Bipin Bihari Lenka in truck No. AP16TB8577 and Arjun Pahadi and Mayadhar Behra along with driver in Maruti Swift Dzire No. OD07B5757 left for Delhi. They reached Delhi early in the morning on 25.02.2020 where they were subsequently apprehended by the NCB. In his statement, peti
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