HIGH COURT OF DELHI
RAJENDER KUMAR – Appellant
Versus
NCB – Respondent
BAIL APPLN.-1215/2021
BAIL APPLN. 1215/2021
Page 1 of 7
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Reserved on: 21st May, 2021
Decided on: 27th May, 2021
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BAIL APPLN. 1215/2021
RAJENDER KUMAR
..... Petitioner
Represented by:
Ms.Priya Kumar and Mr. Shubham
Napgal, Advocates.
versus
NCB
..... Respondent
Represented by:
Mr.Subhash Bansal, Sr. Standing
Counsel for NCB with Mr. Shashwat
Bansal, Advocate.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
1.
By this petition, petitioner seeks regular bail in the complaint filed by
the
Narcotic
Control
Bureau
(in
short
‘NCB’)
being
Crime
No.VIII/07/DZU/2020 under Sections 8/21/29 Narcotic Drugs and
Psychotropic Substances Act, 1985 (in short ‘NDPS Act’).
2.
When notice was issued in this petition on 12th April, 2021 learned
counsel for the petitioner at the outset stated that the prayer for interim bail
is a typographical error and the petition be treated as one for regular bail for
which notice was issued by this Court.
3.
Learned counsel for the petitioner contends that the petitioner was
only a driver of the vehicle and had no connection whatsoever with the
transaction or with the person who was involved in the transaction. No
2021:DHC:1710
BAIL APPLN. 1215/2021
Page 2 of 7
recovery whatsoever has been made from the petitioner. The fact that the
petitioner was not involved in the offence is evident from the fact that the
main accused tried to run away on apprehension but the petitioner did not try
to run away. Petitioner has no criminal history and no previous conviction.
The petitioner was not aware as to what was there in the packet and for what
purpose the cash was being handed over. Even as per the case of the
prosecution on the asking of the owner of the vehicle the petitioner gave the
packet of cash which was lying in the car. Version of the so-called
prosecution witnesses that the petitioner gave cash from his pocket is
unbelievable. The rigours of Section 37 are not applicable as there is no
reasonable ground to believe that the petitioner is guilty of the offence.
Statement of the public witness Deepak Duggal cannot be relied upon as the
same was recorded on 15th June, 2020 though the alleged recovery was made
on 29th January, 2020. Further no reliance can also be placed on the
statement of this witness for the reason admittedly the apprehension took
place after 10.30 PM on a winter night and from a distance the transaction
would not be visible to the public witness due to the low visibility. Reliance
is placed on the decisions reported as MANU/DE/0819/2005 Kassu Ram vs.
State; Mohd. Zuber vs. The State (NCT of Delhi), Bail Appln.3821/2006
decided on 30th October, 2006; 130 (2006) DLT 114 Karan Singh vs. The
Nadar vs. State of Chhattisgarh, MCRC No.6299/2018 decided on 3rd
October, 2018 to contend that the petitioner being a mere driver of the
vehicle and no recovery having been made from him, he cannot be said to be
allegedly involved in the offence of possession of the narcotic drug.
4.
Opposing the bail application, learned Senior Standing Counsel for
2021:DHC:1710
BAIL APPLN. 1215/2021
Page 3 of 7
the respondent/NCB states that the petitioner is a co-conspirator and active
participant in the offence as he had come to the place of the incident in the
car along with the main accused who purchased the narcotic drug and the
money was in the pocket of the petitioner which on the instructions of the
main accused was given by the petitioner to Nicolas. Besides the members
of the raiding team, statement of the public witness Deepak Duggal has been
recorded in this regard. Further the petitioner had come along with the main
accused and hence it cannot be said that he had no knowledge of the
purchase of the contraband. Material witnesses are yet to be examined,
hence no bail be granted to the petitioner.
5.
The above noted complaint was filed by the NCB impleading
Sukhwinde