BAIL APPLN. 3987/2021 Page 1 of 10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Order: 7^th March, 2022

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BAIL APPLN. 3987/2021

SAROJ SUBUDHI

..... Petitioner

Through:

Mr. Ashok K Singh, Advocate

versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Ms. Kusum Dhalla, APP

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1.

The instant bail application under Section 439(1) read with

Section 482 of the Code of Criminal Procedure, 1973 has been filed

on behalf of the petitioner seeking regular bail in FIR bearing No.

155/2017 registered at Police Station Crime Branch, for an offence

punishable under Section 20 of Narcotic Drugs and Psychotropic

Substances Act, 1985 (hereinafter “NDPS Act”).

2.

The brief facts of the case are that on 6^th September 2017, a

secret information was received that the petitioner is involved in the

supply of "Ganja" to drug dealers in Delhi NCR and would be

receiving Ganja from Train no. 22823 - Bhuvneshwar Rajdhani

through parcel and if raid was conducted between 10-11 AM, the

police may catch hold of the accused with the alleged contraband. On

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000928

BAIL APPLN. 3987/2021 Page 2 of 10

reaching near the parcel coach, the informant recognized a person

(petitioner herein), who was wearing a blue colored T-shirt. The

petitioner opened the parcel van, unloaded the parcels and stood there

while keeping his one hand on the parcels. At around 12:30 PM with

the help of the raiding team ASI Mahesh Kumar nabbed Saroj and

took him under his control.

3.

Learned counsel appearing on behalf of the petitioner submitted

that the petitioner has been falsely implicated in the instant case. He is

an educated person and a law-abiding citizen of India. The Petitioner

is a resident of Orissa, but at the time of arrest he was temporarily

residing at: 8878, Gali No.2, Multani Dhanda, Paharganj, New Delhi,

for the purposes of his business. It is submitted that the petitioner runs

a small "parcel delivery business" in the name of "M/s. Saroj Parcel",

a partnership firm, whose principal place of business/operation was at

New Delhi Railway Station, from where he used to pick parcels from

"Parcel Car" attached to train and to deliver the same to the local

area/market of Delhi/NCR as per the instructions of person who

booked the said parcel from Bhubaneswar, Calcutta, Guwahati and

other different cities of North/North-East India.

4.

It is argued on behalf of the petitioner that on the day of his

arrest i.e. 6^th September 2017, the petitioner was waiting for the train

on the platform of New Delhi Railway Station for his day to day

business like any other normal day. It is vehemently argued that the

petitioner was not in conscious possession of alleged contraband and

prosecution does not have even single witness to implicate the

petitioner with the alleged offence.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000928

BAIL APPLN. 3987/2021 Page 3 of 10

5.

It is submitted on behalf of the petitioner that he has been in

judicial custody for more than four years since the day of his arrest,

i.e. 6^th September 2017. It is prayed that the petitioner may be released

on bail who is the sole breadwinner of his family having old-aged sick

mother. On instructions, learned counsel undertakes that the petitioner

shall abide by any condition imposed by this Court while granting

bail.

6.

Per contra, Ms. Kusum Dhalla, learned APP for state

vehemently opposed the instant petition and submitted that on the

aforesaid date of raid, a trap was laid at platform No-11, New Delhi

Railway Station. At about 12.30 PM, one person namely Saroj

Subudhi S/o Sh. Nageshwar Subudhi R/o 8878, Gali No-2, Multani

Dhanda Pharganj, New Delhi age 29 years was apprehended. The

notice under Section 50 of the NDPS Act was served upon him and his

legal rights were ex