A mere association or minimal involvement in a drug-related group does not warrant denial of bail when no contraband is recovered from the accused.

JUDGMENT

Mukta Gupta, J. By this petition, the petitioner seeks regular bail in case No. VIII/46/DZU/2021 under Sections 8(c)/20/22/29 of the NDPS Act on a complaint filed by the respondent-NCB.

2. Learned counsel for the petitioner contends that even as per the statement recorded under Section 67 of the NDPS Act which is inadmissible in evidence, the best case of the respondent is that the petitioner used to consume Ganja in the year 2017 and the payments thereof were made in the year 2021. Even as per the investigation, the group was created by Mohd. Aslam and Parichay Arora and merely because the petitioner was also made an Admin of the group, the liability of the entire group cannot be fastened on the petitioner. Even from the transactions of payments made to Mohd. Aslam and Neil Singhvi by the petitioner, at best, four or five transactions have been shown wherein amounts transferred are Rs.11,000, Rs.5700, Rs.1000, Rs.2000 etc. The petitioner is not a drug trafficker. Though not admitting, even if at some stage the petitioner consumed the drugs, the same would not amount to dealing in a drug trafficking racket. He further states that the similarly placed co-accused namely Devesh Vasa has been granted bail by this Court and Aashray Pandey has been granted bail by the learned Special Court and hence, on parity, the petitioner be also granted bail. The petitioner was working after completing his studies at Kolkata when he was picked up by the officers of the respondent and implicated in this case. The complaint has been filed and the petitioner is no more required for investigation.

3. Learned counsel for the respondent states that in view of the embargo under Section 37 of the NDPS Act, no case for grant of bail to the petitioner is made out as there is every possibility that on being released on bail, the petitioner will again indulge in same kind of activities and the petitioner being a part of the larger drug network, his role cannot be segregated from the other accused.

4. Case of the prosecution in nutshell is that on the basis of an information, Guhan Sarvothaman was intercepted at the IGI Airport on 4th August 2021. On his search, 30 gms. of ganja and 0.45 gms. of Ecstasy were recovered. In the interrogation, he revealed about his friend Rahul Mishra, his address and the possibility of recovery of contraband from his house. Search was made at the house of Guhan Sarvothaman at Greater Noida, resulting in recovery of 1 kg of ganja and Rs.15.5 lakhs in cash. Search was also made at the house of Rahul Mishra at Faridabad from where, 1.05 kg of ganja was recovered. Guhan Sarvothaman further disclosed about one accused Aashray Pandey, who was thereafter intercepted at Ambience Mall with a parcel containing 410 gms. of ganja. Guhan Sarvothaman also informed about one Tareena Bhatnagar who had promised to get him high quality ganja and for which, she had paid a sum of Rs.6 lakhs to Jasbir Singh. Thus, the links of Jasbir Singh were sought to be traced and it was found that Jasbir Singh operated under the pseudo name Optims Prime and Sharadha Surana operated under the pseudo name Beanskey on Telegram App in Orient Express Group. The Orient Express Group, wherein, number of people were indulging in sale and purchase of narcotics was created by Parichay Arora and Mohd. Aslam and the petitioner was one of the Admins of the said social media group. On the disclosure of Jasbir Singh and Sharadha Surana, search was conducted at the house of Suvashish Roy at Greater Noida, from where, 1.250 kgs. of Ganja, 16 gms. Ecstasy pills, 6 gms. Heroine, 40 gms. of Charas and 130 gms. of suspected psychotropic substance in different coloured little pills were found and 39.700 gms. concen