BAIL APPLN. 3542/2023

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 12.01.2024

Pronounced on: 30.01.2024

+

BAIL APPLN. 3542/2023

PRAJWAL ELROY RAJ

..... Petitioner

Through:

Mr. V.C. Shukla and Mr. Tarun

Gulia, Advocates

versus

GOVT OF NCT OF DELHI

..... Respondent

Through:

Mr. Manoj Pant, APP for the

State with SI Imran Khan, NDR,

Crime Branch, New Delhi

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The present bail application under Section 439 of the Code of

Criminal Procedure, 1973 (‘Cr.P.C.’) has been filed by the applicant

seeking regular bail in FIR bearing no. 255/2022, dated 03.11.2022,

registered at Police Station Crime Branch, Delhi for offences

punishable under Sections 20/21/25/29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (‘NDPS Act’).

2.

Briefly stated, the facts of the present case are that a secret

information was received that on 03.11.2022, two persons Jatin Wasan

and Vinay were going to supply drugs in Sarojini Nagar market in a

black car. Based on this information and with due permission from the

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.02.2024

18:57:45

Signature Not Verified

BAIL APPLN. 3542/2023

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appropriate authorities, a raiding team was formed and the raid was

conducted. During the personal search of the accused persons, 250

grams of charas was recovered from accused Jatin, and 150 grams of

charas was recovered from Vinay. Thereafter, both the accused persons

were arrested and the present FIR was registered. During the course of

investigation, accused Jatin had disclosed that he had been receiving

charas and other narcotic substances from Anurag Thakur, Akash

Gupta and Nihar Bakshi, who are the suppliers of drugs in the Delhi

NCR region. Thereafter, on information from another secret informer, a

raid was conducted near Pramod Mahajan Marg, PVR road, near

Malviya Nagar Metro Station where Akash Gupta, Nihar Bakshi and

Anurag Thakur were apprehended and on being searched, 120 grams

charas was recovered from the possession of Akash Gupta, 110 grams

charas and 50 ecstasy pills weighing 27.45 grams were recovered from

the possession of Nihar Bakshi, and 100 ecstasy pills weighing 54.9

grams and 23 grams of M.D. were recovered from the possession of

Anurag Thakur. The recovered contraband from the accused persons

was seized and the accused persons were arrested on 04.11.2022.

3.

During the course of investigation, accused Anurag Thakur had

disclosed that he was involved in supply of narcotic substances

including ecstasy tablets in the Delhi-NCR region and the transactions

were done through use of cryptocurrency and the syndicate was active

through Wickr App. It was found that accused Anurag had an account

on Binance wallet, which he used for making payments through

cryptocurrencies for narcotic substances. Details from Wickr App as

well as Binance crypto-platform were obtained and analysed. Notices

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.02.2024

18:57:45

Signature Not Verified

BAIL APPLN. 3542/2023

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were also sent to crypto trading platform Kucoin. During analysis, it

was found that in one of the transaction, a payment of 1830 USDT was

transferred to accused Anurag Thakur by the present applicant Prajwal

Elroy Raj, who had his account with Kucoin. KYC details were

obtained from the trading platform Kucoin which showed that applicant

was an account holder in the above-mentioned transaction with the

accused Anurag Thakur. In this transaction, the amount was sent by

“vvsthc” i.e. the applicant herein to“czar8008” i.e. co-accused Anurag

Thakur. During investigation, it was revealed that the contraband which

was recovered from accused Anurag was supplied to him by the present

applicant and by one Faizan Ali. The present applicanthad ordered these

narcotic