BAIL APPLN. 70/2024

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 08.01.2024

Pronounced on: 12.01.2024

+

BAIL APPLN. 70/2024

LEISHANGTHEM I LOYANGAMBA

..... Petitioner

Through:

Mr.

R.A.

Worso

Zimik,

Advocate.

versus

STATE

..... Respondent

Through:

Mr. Manoj Pant, APP for the

State.

S.I. Nishant Suran, Special

Cell.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The instant application has been filed under Section 167(2)

read with Sections 439 and 482 of the Code of Criminal Procedure,

1973 (‘Cr.P.C.’) for grant of default bail in case FIR bearing no.

43/2023, registered at Police Station Special Cell, under Sections

18/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985

(‘NDPS Act’).

2.

Brief facts of the case are that a secret information was

received by the Special Cell on 13.02.2023 that in next 4-5 days, two

people from Imphal, Manipur would be carrying drugs from Manipur

for supplying them in areas of Delhi NCR and Punjab. On

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:13.01.2024

15:15:37

Signature Not Verified

BAIL APPLN. 70/2024

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17.02.2023, the Special Cell had received information that at around

3-4 PM, two residents of Imphal i.e. Ranbir Singh and Loyangamba

(applicant herein), who are involved in business of heroin, will come

through loop road from MB road towards Sarita Vihar, Delhi in white

coloured Maruti Brezza Car, bearing no. AS 01 DR 9488. Thereafter,

a raiding team was formed and at around 03:25 PM, the said car had

reached the spot and had stopped on the side of road. Accused Ranbir

Singh i.e. the driver of the car had then got down from the car and

stood on the footpath at about 20 steps away from the car, carrying

apittu bag (black and red colour on which „Elaichi‟ was written) on

his shoulder. After some time, the accused had started running

towards the car. Immediately thereafter, the raiding team had

apprehended the accused, and then the present applicant who was

sitting in the car, with a black coloured bag with HP logo, had also

started running, but he was captured by the raiding team. After

complying with statutory provisions, the raiding team had conducted

search of the car and the bags being carried by the accused persons,

and 10kg of opium each was recovered from the bags being carried

by the accused persons and 30kg of opium was recovered from the

car. Accordingly, the present FIR was registered, accused persons

were arrested, and were sent to police remand on 18.02.2023.

3.

Learned counsel for the accused/applicant argues that the

chargesheet in this case was filed without an FSL Report, which is

considered as main focal point of prosecution in a case under NDPS

Act. It is stated that since FSL report was not filed along with the

chargesheet, the chargesheet in such a case would be considered as

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:13.01.2024

15:15:37

Signature Not Verified

BAIL APPLN. 70/2024

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'incomplete' and thus, the applicant would be entitled to default bail.

It is also submitted that the Hon'ble Apex Court in several recent

decisions, including in Mohd Arbaz & Ors. v. State of NCT of Delhi

SLP (Criminal) No. 6876-6877/2022, has granted bail to accused

persons in cases where FSL report was not filed alongwith main

chargesheet within a period of 180 days.

4.

Learned APP for the State submits that the present case

pertains to recovery of 50kgs of opium, which is a commercial

quantity, from the possession of accused persons who are allegedly

involved in inter-state trade of narcotic drugs. It is argued that in the

case of Mohd Arbaz (supra), the Hon‟ble Apex Court has only opted

to examine the legal issue in detail and for the time being, interim

relief has been granted to the petitioners. It also stated that till the

issue in question i.e. whether a charge-sheet filed