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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on : 15^th May, 2023

Pronounced on : 02^nd June, 2023

+ BAIL APPLN. 3053/2022

MEHABUB RAHAMAN ALIAS EMPHA

..... Petitioner

Through:

Mr. Pramod Kumar Dubey, Sr. Adv.with

Mr. Prince Kumar, Ms. Aditi, Mr. Shivam

Kumar and Mr.Satyam Sharma, Advs.

versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Mr. Ritesh Kumar Bahri, APP for the State

with Insp. Mr. Rakesh Kumar, PS: Spl. Cell.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

1.

This petition has been filed seeking Regular Bail in FIR No. 160/2019

registered at PS Special Cell under Section 21/29/61/85 of the NDPS Act.

The petitioner has been in custody for about 1 year and 10 months.

2.

The case of the prosecution is that certain mobile phone numbers

being used by members of the syndicate upon surveillance were found to be

involved in suspicious activities and permissions were taken for lawful

interception. The interception revealed that the conversations on these mobile

numbers were in code words.

3.

On 18^th September 2019, SI Raj Singh was present in the office of the

Special Cell and was informed by a secret informer that two men namely

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Bajlur Rahaman and Abu Bakar, both residents of Malda, West Bengal were

involved in the illegal supply of heroin along with their partner Saidul, and

supply heroin in Delhi, Uttar Pradesh and West Bengal. As per the

information, they were to supply heroin to the contact of Saidul in truck No.

WB-57B-5270 between 03:00 pm to 04:00 pm on the outer ring road, Majnu

ka Tilla, Delhi. After completing legal formalities, a raiding party was

organized, and around 02:45 pm a truck with the same number halted at the

Outer Ring Road and two persons came out from the said truck. The persons

were surrounded and apprehended and were found to be Bajlur Rahaman and

Abu Bakar. Both of them were served notice under Section 50 NDPS Act, a

search was conducted after the completion of legal formalities, and 10.5 kg

of heroin was recovered from their possession.

4.

Upon interrogation, they disclosed that they had come to give

contraband at the direction of Saidul, to his contacts Akbar and Sanjeet. The

FIR 160/2019 was therefore registered. Upon further interrogation, they

disclosed that received the contraband from Saidul and they have been

working as part of this drug syndicate. Samples were deposited in FSL

Rohini for analysis and expert opinion.

5.

Later a police team led by SI Rakesh Kumar along with Abu Bakar

departed from Delhi on 20.09.2019 and reached Malda, West Bengal, on

22.09.2019. NBW of Saidul was obtained from the Learned Trial Court and

on the basis of further secret information a trap was laid down near Motihari

to Samastipur Main Road where Saidul was apprehended at about 07:50 pm

on 09^th January 2020. No recovery was made from him. However, upon

interrogation, he allegedly admitted that he had supplied contraband to Bajlur

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Rahaman & Abu Bakar. He further disclosed that the contraband was handed

over to Bajlur Rahaman & Abu Bakar for supplying it to the contact of

Mehabub Rahaman (the petitioner herein). Subsequently, the mobile numbers

seized from each of these persons were verified for their subscriber details.

Samples were taken and deposited.

6.

Further, exhibits of voice samples were deposited at CBI, Lodhi Road

for comparison of voice samples. The CFSL results opined that the voice

exhibits of the accused persons were matching with the intercepted voice

calls. After a technical analysis of the mobile number of Bajlur Rahaman,

Abu Bakar, Saidul & the petitioner, and one Nasir, it was found that the

accused persons were in touch with each other through these mobile numbers

which showed the presence of conspiracy. Charge-sheet under sections 21 &

29 NDPS was filed against Bajlur Rahaman and Abu Bakar and under

Section 29 NDPS against the