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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 21.12.2023

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Pronounced on : 19.01.2024

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BAIL APPLN. 1991/2023 & CRL.M.A. 25894/2023

TAHA TAUFIQ

..... Petitioner

Through:

Ms. Rohini Musa, Mr. Nipun Katyal,

Ms. Anam Siddiqui, Mr. Naved

Ahmed and Ms. Kismat Chouhan,

Advocates.

versus

NARCOTICS CONTROL BUREAU NEW DELHI ..... Respondent

Through:

Mr. Subhash Bansal, Sr. Standing

counsel for NCB with Mr. Shashwat

Bansal, Advocates.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

ORDER

RAJNISH BHATNAGAR, J.

1.

This is a petition filed by the petitioner under Section 439 Cr.P.C.

seeking regular bail in case Crime No. VIII/09/09A/DZU/2020 under

Sections 22(c)/23(c)/24/25/27A/29 NDPS Act registered at Narcotic Control

Bureau.

2. In brief the facts of the case as per the prosecution complaint are that

on 31.01.2020, on the basis of secret information, 4200 Tablets of Zolpidam

(1.050 Kg) and 6000 Tablets of Alprazolam (1.200 Kg) were recovered from

a parcel bearing No. 535153356 lying at TNT India Pvt. Ltd. (Fedex

Digitally Signed

By:localhost

Signing Date:22.01.2024

17:05:23

Signature Not Verified

Courier) near new Custom House, IGI Airport which was destined to Great

Britain and the recovered contraband was seized as per law detailed in the

panchnama in the presence of independent witnesses and was taken into safe

custody and thereafter, the consignor/accused Dipu Singh was apprehended

from Lucknow and from his house 12,000 Tablets of Tramadol (4.800 Kg)

were recovered.

3. During investigation, accused Dipu Singh disclosed the names of

other persons involved in the conspiracy including co-accused Tejas Patel,

Sachin Makade, Barun Chauhan, Bablu Bhagwan Dangre. Furthermore, he

disclosed the name of Taha Taufiq (Petitioner herein) R/O 485/44, Rafik

Enclave, Mohan Makin, Near Railway Bridge, Daliganj, Lucknow and his

mobile nos. 9889333201 & 7007832196.

4.

Consequently, upon recovery from the parcel as well as from the

residence of accused Dipu Singh and also based on his voluntary statement

tendered under section 67 NDPS Act, he was arrested on 02.02.2020. During

follow-up investigation, other accused persons, namely, Tejas Patel, Sachin

Makade, Barun Chauhan, Bablu Bhagwan Dangre had also tendered their

voluntary statements and seizure of incriminating documents/electronic

devices and other evidences were effected therefrom.

5.

The present petitioner, namely, Taha Taufiq was asked to join the

investigation vide serving Notice dated 24.06.2020 and he joined the

investigation on 04.08.2020 wherein he revealed that he was in constant

touch with Dipu Singh. The petitioner in his voluntary statement tendered

under section 67 NDPS Act on 04.08.2020 had admitted that he was in touch

with accused Dipu Singh over phone and through WhatsApp chat

Digitally Signed

By:localhost

Signing Date:22.01.2024

17:05:23

Signature Not Verified

communication by his mobile No. 7007832196.

6.

As per the Status Report filed by the NCB, the petitioner while

tendering his voluntary statement had admitted that he used to provide

orders from his clients to Dipu Singh for consideration, and therefore, he

was in constant touch with Dipu Singh over phone and through WhatsApp

communication. It is further stated in the Status Report that during

investigation, analysis of mobile of accused Dipu Singh was done and

mirror image was obtained from SIFS. In the mobile phone mirror image of

accused Dipu Singh, huge chats regarding NRX medicines and address of

consignee in foreign countries were found. The same chats were exhibited

by petitioner Taha Taufiq. In the chats large number of addresses were

found to which they were sending NRX medicines as disclosed by the

accused.

7.

On the basis of the statements and call details, the present petitioner

Taha Taufiq was arrested on 04.08.2020 and it was revealed that the

petitioner was i