2024 Supreme(Online)(DEL) 9148
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 12.01.2024 Pronounced on: 30.01.2024 + BAIL APPLN. 3542/2023 PRAJWAL ELROY RAJ ..... Petitioner Through: Mr. V.C. Shukla and Mr. Tarun Gulia, Advocates versus GOVT OF NCT OF DELHI ..... Respondent Through: Mr. Manoj Pant, APP for the State with SI Imran Khan, NDR, Crime Branch, New Delhi CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J.
1. The present bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been filed by the applicant seeking regular bail in FIR bearing no. 255/2022, dated 03.11.2022, registered at Police Station Crime Branch, Delhi for offences punishable under Sections 20/21/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).
2. Briefly stated, the facts of the present case are that a secret information was received that on 03.11.2022, two persons Jatin Wasan and Vinay were going to supply drugs in Sarojini Nagar market in a black car. Based on this information and with due permission from the appropriate authorities, a raiding team was formed and the raid was conducted. During the personal search of the accused persons, 250 grams of charas was recovered from accused Jatin, and 150 grams of charas was recovered from Vinay. Thereafter, both the accused persons were arrested and the present FIR was registered. During the course of investigation, accused Jatin had disclosed that he had been receiving charas and other narcotic substances from Anurag Thakur, Akash Gupta and Nihar Bakshi, who are the suppliers of drugs in the Delhi NCR region. Thereafter, on information from another secret informer, a raid was conducted near Pramod Mahajan Marg, PVR road, near Malviya Nagar Metro Station where Akash Gupta, Nihar Bakshi and Anurag Thakur were apprehended and on being searched, 120 grams charas was recovered from the possession of Akash Gupta, 110 grams charas and 50 ecstasy pills weighing 27.45 grams were recovered from the possession of Nihar Bakshi, and 100 ecstasy pills weighing 54.9 grams and 23 grams of M.D. were recovered from the possession of Anurag Thakur. The recovered contraband from the accused persons was seized and the accused persons were arrested on 04.11.2022.
3. During the course of investigation, accused Anurag Thakur had disclosed that he was involved in supply of narcotic substances including ecstasy tablets in the Delhi-NCR region and the transactions were done through use of cryptocurrency and the syndicate was active through Wickr App. It was found that accused Anurag had an account on Binance wallet, which he used for making payments through cryptocurrencies for narcotic substances. Details from Wickr App as well as Binance crypto-platform were obtained and analysed. Notices were also sent to crypto trading platform Kucoin. During analysis, it was found that in one of the transaction, a payment of 1830 USDT was transferred to accused Anurag Thakur by the present applicant Prajwal Elroy Raj, who had his account with Kucoin. KYC details were obtained from the trading platform Kucoin which showed that applicant was an account holder in the above-mentioned transaction with the accused Anurag Thakur. In this transaction, the amount was sent by “vvsthc” i.e. the applicant herein to“czar8008” i.e. co-accused Anurag Thakur. During investigation, it was revealed that the contraband which was recovered from accused Anurag was supplied to him by the present applicant and by one Faizan Ali. The present applicanthad ordered these narcotic substances through dark web and had imported them to India, whereas the co-accused Faizan Ali had supplied it to different parts in the country through dark web. During investigation, mobile phone of Faizan Ali was seized and analysed, and it was found that a suspected shipment of narcotic substances was shipped from USA to New Delhi. A letter in this regard was sent to custom department. On Delhi Airport, it was confirmed that the said consignment contained 15.8 kgs of narcotic substance i.e. marijuana. It was also revealed during investigation that another huge shipment of contraband was being shipped to Chennai Airport from Lufthansa cargo, which was later found to be 54 kgs of hydroponic weed i.e. cannabis. From further analysis of mobile phone of Faizan Ali, it was found that the above mentioned consignm