Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 2008

IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma, J.
Lal Vedant Nath Shah Deo – Appellant
Versus
State (NCT of Delhi) – Respondent
Bail Appln. 2510 of 2022
Decided On : 08-02-2023

Advocates appeared:
Mr. Abhir Dutt, Mr. Anurag Rawal and Mr. Debayan Gangopadhyay, Advocates, for the Petitioner.
Ms. Nandita Rao, ASC (Crl.), GNCTD with Mr. Amit Peswano, Mr. Saransh, Advocates with S.I. Satyender Gulia, P.S. Kotla Mubarakpur, for the Respondent.

Bail should aim to secure trial attendance and not be punitive, and the absence of evidence linking alleged transactions to the recovery is crucial in bail decisions.

Headnote:
NDPS Act - Bail Application - Sections 20/29/61/85 of NDPS Act, 1985 and Section 201 of IPC -
Fact of the Case:

The applicant sought regular bail in a case under Sections 20/29/61/85 of the NDPS Act and Section 201 of the IPC. The case involved the recovery of charas from a co-accused, disclosures implicating the applicant, and alleged transactions through PayTM.
Finding of the Court:

The court considered the quantity of charas recovered, absence of recovery from the applicant, and the alleged transactions. It emphasized the principles of bail and the lack of evidence linking the transactions to the recovery. The court also noted the applicant's young age and educational pursuits, ultimately granting bail.
Issues: Recovery of charas, disclosures by co-accused, alleged transactions through PayTM, and the applicant's surrender and bail applications.
Ratio Decidendi: The court emphasized that bail aims to secure the accused's trial attendance and should not be punitive. It considered the absence of recovery from the applicant and the lack of evidence linking the alleged transactions to the recovery.
Final Decision: The court granted bail to the applicant with specific conditions.

JUDGMENT

Amit Sharma, J.

1. The present application under Section 439 of the Code of Criminal Procedure ('CrPC.) filed on behalf of Lal Vedant Nath Shah Deo, the applicant, seeks grant of regular bail in case FIR No. 171/2022 dated 25.03.2022 under Sections 20/29/61/85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ('NDPS Act.) and Section 201 of the Indian Penal Code, 1860 ('IPC'), registered at PS Kotla Mubarakpur.

2. Briefly stated, the facts relevant for adjudication of the present application are as under:

i. On 24.03.2022, secret information was received by Sub-Inspector Gajendra Singh posted at PS Kotla Mubarakpur that a person who was stated to be actively involved in peddling drugs would arrive at Kidwai Nagar to deliver a consignment of drugs. Acting upon the said information, a team of police personnel reached Nala Pulia, towards Kidwai Nagar, Near Gurjar Chowk, Kotla Mubarakpur, Delhi. At around 11:20 PM, the team spotted a boy who arrived on a grey scooty bearing registration number DL 3SE0Y 7846. The team apprehended him and served a notice under Section 50 of the NDPS Act upon him.

ii. One brown brick wrapped in brown tape was recovered from the right- side pocket of his trouser. The substance in the said packet was tested with a field testing kit and the same was found to be charas. The substance recovered from him weighed 334 grams.

iii. On enquiry, the person who was apprehended revealed his identity as one Raghav Mandal, aged 23 years and a resident of H. No. 114, Savitri Nagar, Malviya Nagar, New Delhi. Subsequently, the present FIR was registered, initially under Sections 20/61/85 of the NDPS Act and Raghav Mandal was arrested on 25.03.2022.

iv. During the course of investigation, Raghav Mandal disclosed that he knew one Himanshu Singh, i.e., the co-accused from the last 7-8 years and that the latter used to allegedly supply charas in Delhi at the instance of the applicant. Raghav Mandal further disclosed that the charas which was recovered form him was also allegedly supplied by Himanshu Singh for delivery to someone in Kidwai Nagar. He stated that he used to get paid about Rs. 500/-to Rs. 1000/-for every delivery.

v. During search, Raghav Mandal's mobile phone of make MIUI, colour metallic, having SIM No. 9958673379 was also recovered.

vi. Based on Raghav Mandal's disclosure, a raid was conducted at the residence of Himanshu Singh but he was not found there. However, after some time, he surrendered before the police and was arrested in the present case on 25.03.2022. At the time of surrender, Himanshu Singh also produced his mobile phone of make OnePlus, colour green having two SIM cards bearing numbers 8851795202 and 7703029094. When the said phone was checked, it was allegedly found to have been intentionally formatted by the applicant before his surrender.

vii. During interrogation, Himanshu Singh disclosed that the applicant was his classmate and he allegedly used to purchase charas and other narcotic substances from online sources and used to sell them at higher rates in Delhi and Noida. It was further disclosed that Himanshu Singh also got involved with the said activity with the applicant and used to pay him for the charas and other narcotic substances via PayTM or cash. Himanshu Singh further stated that his PayTM account is linked with his mobile number 8851795202 and the applicant's PayTM account is linked with the mobile number 7982583347.

viii. The applicant also disclosed that Raghav Mandal, who was arrested earlier had also started supplying drugs at his instance only and that the recovered charas was also supplied to the applicant by Lal Vedant Nath Shah Deo and the applicant handed it over to Raghav Mandal for delivery.

ix. Based on Himanshu Singh's disclosure, a team of police personnel reached the stated address of the applicant -Flat No. 101, First Floor, Tower A, Proview Techno City Apartments, Sector CHI-FI, Greater Noida, Uttar Pradesh. The said address was found locked. Non-B