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HIGH COURT OF DELHI
SACHIN MAKADE – Appellant
Versus
NARCOTICS CONTROL BUREAU – Respondent
BAIL APPLN.-3487/2020



$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on : 12th November, 2021

Delivered on : 29th November 2021

+

BAIL APPLN. 3487/2020

+

BAIL APPLN. 3721/2020

SACHIN MAKADE

BABLU BHAGWAN DANGRE

..... Petitioner/s

Through :

Mr.Mohit Mathur, Sr. Advocate

with Mr.Vinayak Chitale, and

Mr.Abhay Pandey, Advocates.

versus

NARCOTICS CONTROL BUREAU

..... Respondent

Through :

Mr.Subhash Bansal, SPP for NCB

and

Mr.Shashwat

Bansal,

Advocate.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

YOGESH KHANNA, J.

1.

On 31.01.2020, on the basis of the information, recovery of 4200

tablets of Zolpidam (1.050kg); 6000 tablets of Alprazolam (1.200kg) was

made from the parcel bearing No.535153356 destined to Great Britain,

lying at TNT India Private Limited (Fedex Courier) near Custom House,

IGI Airport, which are narcotics medicine covered under the Narcotics

Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as

NDPS). The consignor /accused Dipu Singh was located in Lucknow. He

was apprehended and further recovery of 12000 tablets of Tramadol

(4.800kg) was effected from his residence at Lucknow, UP, seized on

01.02.2020. Consequent upon the recovery from the parcel and from the

2021:DHC:3853

residence of Dipu Singh and based upon his voluntary statement under

Section 67 of the NDPS he was arrested on 02.02.2020. He disclosed the

names of Tejas patel, Sachin Makade/petitioner herein, Barun Chauahn,

and

Bablu

Bhagwan

Dangre/petitioner

in

Bail

Application

No.3721/2020, all of them tendered their statements under Section 67 of

the NDPS and their association in the commission of crime.

2.

On the basis of the information dated 09.02.2020 it came to the

knowledge of prosecution that Tejas Patel and other persons of

M/s.Azesto Impex Private Limited, Nagpur were involved along with

Dipu Singh and he has made the shipments of Tramadol to them. Such

persons were operating from Nagpur, Maharashtra. Accordingly, the

team of NCB went to the Office of the firm M/s.Azesto Impex Private

Limited at Nagpur, Maharashtra and it was found Sachin Makade and

Barun Chauhan are the owners of the Firm and Tejas Patel was working

with them, though having a separate firm in the name of Krivi Impect.

The computer kept in the office was checked and entries of sending

narcotic medicines were found. On inquiry from staff-Udit informed the

main office of the firm is at Nagpur, Maharashtra. The laptops

containing entries /documents relating to the illegal business of

Tramadol, the printout of the documents and the said Laptop were seized

under Panchnama dated 11.02.2020.

3.

During further investigation, on 11.02.2020 the team of NCB

searched the Office of M/s.Azesto Imprex Private Limited Nagpur,

Maharashtra and in said office Sachin Makade, Barun Chauhan, Tejas

Patel, Bablu and Amol were present. During investigations, personal

2021:DHC:3853

mobile phones and laptop of Sachin Makade, Barun Chauhan and Tejas

Patel were checked and all were found to contain mail regarding orders

of Narcotic tablets, chat/files were found. On inquiry they informed they

book orders from Singapore for foreign countries through Lutz.

Accordingly, mobile phones and laptops of Sachin Makade, Barun

Chauhan and Tejas Patel were seized vide Panchnama dated 11.02.2020.

The statements under Section 67 NDPS of the aforesaid person were

recorded wherein they admitted their involvement in trafficking/

transportation/shipping/external

dealings in

Tramadol

and

other

psychotropic substances/drugs from India to USA, UK and Singapore to

and other European countries.

4.

Petitioner Sachin Makade was arrested on 12.02.2020 and

Bhagwan Dangare on 21.02.2020. During the investigation, reports

along with data and exhibited documents were received from SIFS India

Forensic Laboratory and from the mobile

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