BAIL APPLN. 1212/2023

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: August 22, 2023

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BAIL APPLN. 1212/2023

SURENDER KUMAR

..... Applicant

Through:

Mr. Aditya Aggarwal and Mr. Naveen

Panwar, Advocates

Versus

CENTRAL BUREAU OF NARCOTICS (CBN) ..... Respondent

Through:

Mr. Satish Aggarwala, Sr. Standing

Counsel and Mr. Gagan Vaswani,

Advocates

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

1.

The applicant vide the present application under Section 439 of the

Code of Criminal Procedure, 1973 seeks regular bail in File No.

P&I/Del/Seizure/02/2019 registered under Section (s) 8/21/22/28/29/30 of

the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] at

Central Bureau of Narcotics [CBN].

2.

As per the complaint, a secret information was received by Sh. D.S.

Singh, Superintendent (Prev.) Preventive and Intelligence Cell, CBN on

15.10.2019 at 09:30 AM, that a person namely Surender Kumar, proprietor

of RND Distributors (the applicant herein) is engaged in the business of

purchasing and selling of illegal/NDPS medicines without bill in his shop

bearing Shop no.1 LSC, Block-A, Mangolpuri, Delhi. The secret

Digitally Signed

By:BABLOO SHAH

Signing Date:01.09.2023

21:03:33

Signature Not Verified

BAIL APPLN. 1212/2023

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information was thus forwarded to the concerned superior in compliance of

Section 42 of the NDPS Act.

3.

Resultantly, a preventive team was constituted which left for

conducting raid at the applicant’s shop. On reaching there at 13:45 PM, the

preventive team along with the independent witnesses went to the

applicant’s shop and informed him about the secret information and that his

shop had to be searched.

4.

Before search, the accused was made aware about his rights in

compliance with Section 50 of NDPS Act and the preventive team offered

their search before the search of applicant and his shop. After search of the

preventive team, the search of the applicant’s shop was conducted. During

the search of the shop of the applicant, 9 types of medicines, alleged to be

NDPS medicines, were recovered.

5.

The complaint further alleges that during search of the said shop, the

preventive team found a broken wall which was the passage to another shop,

which was locked. Upon breaking the said lock, in addition to the above, 17

types of NDPS medicines were also found, alleged to be stored by the

applicant.

6.

Later, the applicant voluntarily disclosed that few medicines

containing narcotics substance, were kept in a room on the roof. The search

whereof further unearthed 9 types of NDPS medicines.

7.

During the raid, many people gathered near the shop which created

commotion and further search could not be made possible in that situation.

Resultantly, the raiding team loaded the medicines on a truck which

proceeded for CBN Office at 09:30 PM. Upon reaching the CBN Office, the

medicines were unloaded and segregated batch wise and sampling was done.

Digitally Signed

By:BABLOO SHAH

Signing Date:01.09.2023

21:03:33

Signature Not Verified

BAIL APPLN. 1212/2023

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From the 45 batches of medicines, one sample along with their duplicate

was taken out from every batch, marked, packed and sealed with the seal of

CBN.

8.

Thereupon, the applicant was arrested on 16.10.2019 and after

completion of investigation, complaint was filed before the competent

Court.

9.

Learned counsel appearing for the applicant submits that the applicant

has been falsely implicated in the present case. He submits that as no

samples were drawn on the spot and the unsealed seized medicines were

taken to the CBN Office, the same was in contravention of the Standing

Order No.1 of 1988 dated 15.03.1988, which is reproduced hereinunder:

effect should invariably be made in the panchnama drawn on the spot.”

10.

In support of the aforesaid argument, learned counsel places reliance

on Amani F