HIGH COURT OF DELHI
BABLU BHAGWAN DANGRE – Appellant
Versus
NARCOTICS CONTROL BUREAU – Respondent
BAIL APPLN.-3721/2020
$~
*
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:3854
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:3854
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