2023:DHC:2538

BAIL APPLN. 530/2023

Page 1 of 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 21^st March 2023

Pronounced on: 11^th April, 2023

+

BAIL APPLN. 530/2023

MUNISH GAUTAM

..... Petitioner

Through:

Mr. Akshay Bhandari and

Mr. Anmol Sachdeva, Advocates.

versus

STATE GOVT OF NCT OF DELHI

..... Respondent

Through:

Mr. Ritesh Kumar Bahri, APP for

the State SI Manish Kumar,PS:

Crime Branch.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

1.

By this bail application, the petitioner seeks regular bail in FIR

No.47/2019 registered at PS Crime Branch under section 20 of the

NDPS Act. The petitioner is in custody since 6^th March2019, wherein

the charge-sheet has been filed and the case is pending trial for

prosecution evidence. 4 out of 14 witnesses have been examined.

2.

The case of the prosecution is that on 5^th March 2019, upon

receipt of information, the petitioner, who allegedly used to supply

charas, was apprehended near International Guest House, Delhi

University at about 5:00 p.m. Notice under section 50 of the NDPS Act

was served upon him and his legal rights were explained but he refused

Digitally Signed

By:MANISH KUMAR

Signing Date:15.04.2023

10:54:33

Signature Not Verified

2023:DHC:2538

BAIL APPLN. 530/2023

Page 2 of 8

to avail the facility of presence of a gazetted officer. No psychotropic

substance was recovered from his body search, however 2 kgs charas

was recovered from the search of his scooter No. DL 9S AX 8053.

Samples were drawn, case property was sealed and deposited in the

maalkhana. The petitioner was arrested and later the samples were sent

to FSL, Rohini. The result from the FSL was received which confirmed

that the sealed substance was charas. The said scooter was found

registered in the name of the petitioner himself.

3.

Learned counsel for the petitioner states that the petitioner has

been falsely framed since both the petitioner and his wife were

apprehended and no incriminating article was recovered from them. A

perusal of the charge-sheet would show that the petitioner was already

present in the PS and was falsely framed. The prosecution had alleged

that the petitioner was apprehended on 5^th March2019 and thereafter the

recovered items were sent to the PS to deposit in the maalkhana through

Ct. Rakesh Rathi. The maalkhana entry regarding the deposit shows the

date of deposit to be 5^th March 2019. Pursuant to an RTI filed regarding

the date and time of arrival of Ct. Rakesh Rathi, a reply was received

stating that the constable only returned to the PS at 3:30 a.m. on 6^th

March2019 which falsifies the case of the prosecution that the recovery

was effected and brought to the PS on 5^th March, 2019. Further the

maalkhana register itself shows that no sealed sample was ever

deposited in the maalkhana. Despite the case of the prosecution that the

personal search was conducted on 6^th March 2019, the articles that were

recovered were deposited in the maalkhana on 5^th March 2019 itself.

This would show that that the petitioner was already present in the PS

and was not apprehended in the manner alleged by the prosecution. This

Digitally Signed

By:MANISH KUMAR

Signing Date:15.04.2023

10:54:33

Signature Not Verified

2023:DHC:2538

BAIL APPLN. 530/2023

Page 3 of 8

would be evident from the personal search memo dated 6^th March 2019

and the maalkhana entry of 5^th March2019 as well as the DD Entry for

6^th March, 2019. Further, it was contended that as per prosecution

information regarding arrest of the petitioner was given to his wife

telephonically at 3:30 a.m. on 6^th March 2019 however a perusal of

arrest memo shows that it was prepared at 2:00 a.m. on 6^th March2019

and bears the signatures of his wife further showing that petitioner's wife

was present in the PS even before his arrest. Also, call records of the

petitioner’s wife indicate that she had not received any call from the

police at that time.