BAIL APPLN.744/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Order reserved on: 18.05.2022

Order delivered on: 03.06.2022

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BAIL APPLN. 744/2022

GANESH PUN

..... Petitioner

Through:

Mr. Karan Verma, Advocate with Ms.

Sushma Sharma, Advocate.

versus

UNION OF INDIA NARCOTICS CONTROL BUREAU

..... Respondent

Through:

Mr. Subhash Bansal, Sr. Standing

Counsel for NCB 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 applicant/petitioner seeking regular bail in NCB No.VIII/03/DZU 2018

SC No. 29/2019 registered under sections 8(c) and 22(b) of NDPS Act.

2.

In brief, as per the case of prosecution, NCB on 12.02.2018 searched a

courier parcel bearing Airway Bill No.6053235871 at DHL Express India (P)

Ltd., 71/03 Rama Road, Industrial Area, Delhi. On examination of the said

parcel, the sender details were mentioned as Sushma Chetri, Arabinda Pelly,

Patulia, Titagarh, West Bengal, Kolkata and the Receiver’s name was

reflected as Mrs. Michele Barnett, 5701, Kinsley Circle, Plano TX-75093,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002211

BAIL APPLN.744/2022

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USA. Upon opening of the said parcel, it was found to contain a cardboard

packet wrapped in a yellow coloured plastic of DHL, which on opening

contained a small size plastic Sewing Machine of white colour with Mark

‘Ming Hui’. The sewing machine, on disassembling, was further found to

contain transparent packets with white-coloured tablets which were pasted

inside the sewing machine with brown-coloured adhesive tape. All the 6

transparent polythenes were removed and the white-coloured tablets in each

packet were marked Nitrosun-10. On search on internet, the said tablets were

found to be of Psychotropic Substance under the name of Nitrazepam (At

No. 221 as per Notification dated 16-07-1996). Since the tablets were similar

and all were marked Nitrosun-10, the total quantity of tablets was counted

which came out to be 200 and weighed 108 grams. The seizure proceedings

were conducted in the presence of independent witnesses and a Panchnama

was drawn on 12-02-2018.

During investigation, efforts were made to locate Sushma Chetri, who

along with her husband Ganesh Pun (i.e. the petitioner) was found at

Kolkata. From the search of the flat, further huge quantity of psychotropic

substance tablets was found and a separate case was registered by the NCB,

Kolkatta.

3.

During investigation, on 25.09.2018, summons under Section 67 of

NDPS Act were issued to Sushma Chetri and in pursuance thereof, she

tendered her voluntary statement wherein she revealed that mobile number

and Photo ID attached with parcel belonged to her and the same were

attached with the seized parcel by her husband Ganesh Pun while sending

the seized parcel. Also, statement of Ganesh Pun was recorded who revealed

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002211

BAIL APPLN.744/2022

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that he had booked the recovered parcel and concealed 200 tablets (Nitrosun-

10) in a plastic sewing machine and booked the same by using the ID of his

wife Sushma Chetri. The petitioner was further identified by Arun Adhikari,

Booking Clerk at Blue Dart & DHL.

4.

Learned counsel for the petitioner submits that the petitioner is in

custody since 15.11.2018 except for a period of interim bail. The earlier

application is stated to have been dismissed by this Court vide order dated

11.02.2020. It is further submitted that the application for regular bail was

further again withdrawn before this Court vide on 30.11.2021.

On merits, the prosecution case is assailed on the following grounds:-

(i)

Nitrosun-10 is a medicine used to cure insomnia and is easily

available in the market;

(ii)

No