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2024 Supreme(Online)(Del) 30820
IN THE HIGH COURT OF DELHI AT NEW DELHI
GOVIND – Appellant
Versus
STATE GOVT. OF NCT OF DELHI – Respondent
BAIL APPLN.-1090/2024
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:23rd September, 2024 + BAIL APPLN. 1090/2024 GOVIND .....Petitioner Through: Mr. Aditya Aggarwal, Ms. Manvi Gupta, Mr Naveen Panwar and Mr.
Manas Agarwal, Advocates versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Ms. Richa Dhawan, APP for the State CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)
1. This Bail Application under Section 439 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” hereinafter) has been filed on behalf of the Applicant seeking grant of regular bail in FIR No. 64/2021 dated 12.02.2021 registered under Section 20 the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act, 1985”) at Police Station Baba Haridas Nagar, Delhi.
2. Briefly stated, on 12.02.2021 on the basis of secret information the Applicant was apprehended at Dichaun Enclave, Najafgarh by Raiding team and was found in possession of a Blue Brown Colour Suitcase which had a White Polythene bag containing 8.190 Kg of Ganja along with leaves and stalks, as evident from the seizure memo.
3. During further investigation, the petitioner led the Investigating Signature Not Verified Digitally Signed BAIL APPLN. 1090/2024 Page 1 of 9 Officer to his house from where 15.100 Kg of Ganja was also recovered. The Applicant submits that there is a discrepancy in the weight of the recovered contraband at various stages. The total quantity of contraband recovered is 23.290 Kg i.e. commercial quantity on the same day in two instances. The weight at the stage of Section 52A was as under:
Weight at the time of seizure
Weight in 52A proceedings
Weight of samples drawn in 52A proceedings
Weight of each sample received by FSL including the weight of the cloth
Total difference of weight in alleged seized contraband at the time of seizure and contraband received by the FSL
8.190 Kg of ganja
8.250 Kg
100 gm of sample +20 gm of cloth 120 gm
88.3 gm including the weight of the cloth
32 Grams difference in 100 Gm. Then 1000 gm i.e. 1 Kg of contraband makes a difference of 320 gm 32*10== 320 gm Accordingly 8Kg of contraband makes a difference of 2 Kg 560 gm i.e.
Signature Not Verified Digitally Signed BAIL APPLN. 1090/2024 Page 2 of 9
32*80 = 2 Kg 560 Gm
15.100 Kg of Ganja
15.05 Kg
100 gm of sample + 20 gm of cloth + 120 gm
96.8 gm including the weight of the cloth
23 Grams difference in 100 gm Then 1000 gm i.e. 1 Kg of contraband makes a difference of 230 gm 23*10+230 gm Accordingly 15 kg of contraband makes a difference of 3 Kg 450 gm i.e. 23*150 + 3 kg 450 gm.
4. The petitioner has thus, submitted that though as per the Seizure memo 23.290 Kg i.e. commercial quantity was recovered. However, at the time of taking samples under Section 52 A of the Act, the weight varied and when compared with the FSL report, there is a discrepancy of 6 Kg which makes a total recovery of 17.290 Kg which falls under the intermediate quantity under the NDPS Act, 1985.
5. The Applicant had moved the applications seeking Regular Bail on 08.04.2021, 17.09.2021 and 24.11.2021which were dismissed by the learned Trial Court. Further, the Regular Bail filed before this Hon’ble court also got Signature Not Verified Digitally Signed BAIL APPLN. 1090/2024 Page 3 of 9 dismissed vide Order dated 30.05.2023.
6. The Applicant has sought the Regular Bail on the grounds that there is a discrepancy of about 6 Kgs. in the amount of seized Ganja, making the total seizure of Ganja as an intermediate quantity. Reliance has been placed on Kadir v. State Bail Appln. No. 553/2023 and Mohd. Ramzan v. State (NCT of Delhi) 2005 (82) DRJ 435.
7. Further, it is argued that he is in judicial custody from 12.02.2021 and out of 21 total Witnesses only 6 Witnesses have been examined and the trial is likely to take a long time. Reliance is placed on Badri Singh v. The State (Govt. of NCT of Delhi) Bail Appl
