BAIL APPLN.3291/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 3291/2021

BIPIN BIHARI LENKA

..... Petitioner

Through:

Ms.Sushma Sharma, Mr.Girish Kr.

Sharma,

Mr.Karan

Verma

and

Ms.Shreya Bhardwaj, Advocates.

versus

NARCOTIC CONTROL BUREAU

..... Respondent

Through:

Mr.Subhash Bansal, Sr. Standing

Counsel with Mr.Shashwat Bansal,

Advocate.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

ANOOP KUMAR MENDIRATTA, J.

1.

This is an application under Section 439 of Cr.P.C. filed on behalf of

the petitioner seeking regular bail in Complaint No.VIII/18/DZU/2020, SC

No.: 160/2020, under Sections 8/20/29 of NDPS Act.

2.

In brief, as per the case of prosecution, on 25.02.2020, around 3:30

A.M., a truck with registration No.AP16TB8577 being escorted by two cars,

namely, Eco Sport & Swift Dzire was intercepted by the NCB team on secret

information near Sarita Vihar Metro Station, Delhi. Upon questioning, the

truck driver introduced himself as Bipin Bihari Lenka, the petitioner in the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001474

BAIL APPLN.3291/2021

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present application. Other persons were identified as Mayadhar Behra and

Achuta Pradhan (Khalasi). The persons sitting in Swift Dzire were identified

as Arjun Pahadi with driver and those in Eco Sport as Virender Tanwar and

Sunil Behra with driver. On questioning, they revealed that contraband

(Ganja) was concealed in a cavity behind the cabin of the truck. Mayadhar

with the help of Achuta Pradhan opened the secret door of the cavity with

the help of plier and packets wrapped in brown tape were recovered.

Mayadhar and Arjun Pahadi confirmed that Ganja is packed inside the brown

packets.

The vehicles were thereafter taken to a secured place/NCB Office for

security reasons and search proceedings resumed at 0500 hrs. 106 packets

were recovered from the cavity, out of which 58 were of big size and 48

were of small size. On examination of each packet, brown colour grass with

leaves was found, which on being tested was found positive for Ganja. Each

of the big packets was found to contain 5 Kgs. Approx and each of the small

packets weighs 2 Kgs. Approx. The total quantity weighed to be 386 Kgs.

Further, 58 packets were divided in separate lots of eleven and 48

small packets in two lots. All the packets recovered from the truck were thus

divided in 13 lots. Two samples of 25 gms. each was drawn from each lot

(after taking small substance from each packet) and in total 26 samples were

drawn. The complete seizure proceedings were conducted as per Panchnama

dated 25.03.2020. A seizure report under Section 57 of NDPS Act was

accordingly submitted to the Superintendent, NCB by Shri Manoj Kumar,

Jr.IO, NCB on 25.03.2020 regarding the seizure.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001474

BAIL APPLN.3291/2021

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3. In furtherance to the notices issued under Section 67 of NDPS Act, all

the accused persons appeared before Sh. Rajeev Sehrawat, IO and their

statements were recorded. Accused Sunil Behera in his statement disclosed

that he is engaged in business of supplying Ganja since last one year with the

help of his brother Mayadhar Behera & Arjun Pahadi. Further, he came to

Virender Tanwar’s home on 17.02.2020 to collect advance money. Virender

Tanwar disclosed that he had already deposited all the amount with

Mayadhar Behra and Arjun Pahadi’s bank account.

Accused Arjun Pahadi disclosed in his statement that he along with

co-accused Mayadhar Behera was involved in Ganja business from last one

year and they used to supply the said contraband from Ganjam, Orissa to

Delhi NCR and Haryana. Further he stated that two months ago co-accused

Virender Tanwar came to Orissa and requested him to supply 34 quintals of

Ganja to Delhi and