IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 17.06.2025 + CRL.A. 713/2023 & CRL.M.A. 23717/2023 STATE OF NCT OF DELHI ..... Appellant versus NEERAJ KUMAR @SUNIL ..... Respondent Advocates who appeared in this case:

For the Appellant : Mr. Akhand Pratap Singh, Special Counsel with Ms. Samridhi Dobhal, Mr. Krishna Mohan Chandel & Mr. Hrithik Maurya, Advs.

Inspector Rakesh Kumar, PS- Special Cell For the Respondent : Ms. Tanya Agarwal, Mr. Kamlesh Kumar Mishra, Ms. Arpita Singh & Mr. Ahsan Sanjar, Advs.

CORAM HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

1. The present appeal is filed challenging the order dated 01.06.2023 (hereafter ‘impugned order’), passed by the learned Additional Sessions Judge (‘ASJ’), New Delhi District, Patiala House Courts, Delhi, whereby the respondent was admitted on bail in FIR No. 16/2018 dated 12.02.2018, registered by Special Cell, for the Signature Not Verified Signed By:KAMALDEEP CRL.A. 713/2023 Page 1 of 16 offences under Sections 3/4 of the Maharashtra Control of Organised Crime Act, 1999 (‘MCOCA’).

2. The brief facts of the case are that on the basis of secret information, on 23.07.2017, a raid was conducted and the co-accused Rajesh Kumar was apprehended with 3 Kg of Heroin, which led to registration of FIR No. 51/2017 by Police Station Special Cell. At the time of apprehension, co-accused Rajesh Kumar was travelling in a car that was registered in the name of co-accused Deepak (kingpin), who is allegedly a notorious criminal with 20 involvements under the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’). During investigation, co-accused Rajesh Kumar allegedly disclosed that he used to supply Heroin to co-accused Deepak and the respondent in Delhi. Co-accused Rajesh Kumar also allegedly disclosed about the involvement of co-accused Babu. On 24.07.2017, co-accused Deepak and the respondent were apprehended and a recovery of 2 Kg and 100g of Heroin was recovered from them respectively. Co-accused Babu was apprehended from his rented accommodation on 24.10.2017 and 200g of Heroin was recovered at his instance. The association of co-accused Sajan, who is the brother of co-accused Deepak, was allegedly disclosed by the arrested accused persons.

3. It is the case of the prosecution that the criminal profile of co- accused Deepak indicates that he has indulged in committing various offences, particularly drug trafficking, in association with the other accused persons, including the respondent. It is further alleged that the Signature Not Verified Signed By:KAMALDEEP CRL.A. 713/2023 Page 2 of 16 accused persons have multiple antecedents. It is alleged that the accused persons were running an organised crime syndicate and carrying out unlawful activities for pecuniary gain. A proposal was put before the competent authority to accord sanction for registration of case under MCOCA and approval was granted on 29.01.2018. Pursuant to the same, on 12.02.2018, FIR No. 16/2018 was registered by Special Cell for offences under Sections 3 and 4 of MCOCA.

4. During investigation, it was found that the co-accused Deepak had purchased several properties, vehicles and other things by paying huge amounts in cash, however, he had no legitimate source of income. It was found that co-accused Babu also had huge transactions of money in his accounts. It was further found that the respondent had direct mobile connectivity with the co-accused Deepak, who is the kingpin, and the respondent was living a lavish life, however, he had no legal source of income. Investigation of the bank account of the respondent reflected frequent transactions of huge money.

5. The respondent preferred a bail application. By the impugned order, the learned ASJ allowed the same and enlarged the respondent on bail by taking note of the fact that the respondent had not misused the liberty when granted interim bail and the time spent by him in custody. It was also observed that the respondent had been enlarged on bail in the