Bail Appl. 1848/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 1848/2022

LENMINTHANG BAITE

..... Petitioner

Through:

Mr. Ashish Deep Verma, Mr.

Samuel Haokip, Kamya Ritu

Verma, Mr. Mir Adnan Zahoor,

Mr. Harsh Singh and Ms. Pooja

Kumar, Advs.

versus

NARCOTICS CONTROL BUREAU, DELHI

...Respondent

Through:

Ms. Priyanka Dalal, APP for the

State.

SI Dharmender, Special Cell,

Rohini/NR

POONAM A. BAMBA, J.:

1.0.Vide this application under Section 438 Cr.P.C, the petitioner

is seeking anticipatory bail, in case FIR no. 106/2022 dated 09.05.2022,

under Section 21 of NDPS Act, registered at PS Special Cell (Delhi).

2.0.

It is the case of the prosecution that secret information was

received that one Rajesh resident of Kushi Nagar, UP, used to procure

heroine from one Lenminthang (petitioner herein) r/o Manipur on the

directions of Shivam and Pankaj r/o Bareilly, UP and deliver it further

to their contacts on their directions, would be coming at DDU Marg,

Near Gandhi Market, Delhi, to deliver the heroine to one Vishal

resident of Trans Yamuna, Delhi between 01.30 pm to 2.30 pm on

09.05.2022. On the basis of the said secret information, a raid was

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002977

Bail Appl. 1848/2022

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conducted on 09.05.2022 and a trap was laid ; and the accused Rajesh

resident of Kushinagar, UP was caught from DDU Marg, near Gandhi

Market and was found in possession of a total 5 kg of heroine in his

bag. During the course of investigation, a mobile phone was

recovered from the possession of the accused Rajesh Gupta, which was

kept „ON‟ for the purpose of investigation ; and some incriminating

photographs were found including some slips regarding deposit of

money

in

the

account

numbers

920020067746042 and

919010030391408 from Bareilly from account no. 922010003796841

through ATM.

2.1.

On further investigation, accused Rajesh Gupta disclosed that

account numbers 920020067746042 and 919010030391408 belonged

to the present petitioner. He stated that Pankaj Verma and

Lenminthang asked him to get opened an Axis Bank account for

transferring money. He further stated that he told his son-in-law Siya

Ram that he has started a business in Manipur with his friends of

Bareilly and there is a requirement of an Axis Bank account for

transferring money. Upon which, Siya Ram got opened an Axis Bank

account in his name vide account no. 922010003796841. Pankaj

Verma and Shivam Verma deposited cash money from ATM machine

of Bareilly in the said account of Siya Ram. Thereafter, on his

directions, his son-in-law Siya Ram transferred that money in the

account of the Lenminthang ; and some cash was also deposited in the

account of Lenminthang through ATM machine by Pankaj Verma and

Shivam Verma. Thereafter, Rajesh Gupta went to Manipur for

procuring heroine from Lenminthang/the petitioner herein.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002977

Bail Appl. 1848/2022

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2.2.

Status report mentions that during investigation, both the above

account numbers 920020067746042 and 919010030391408 were

found to be in the name of Lenminthang/petitioner ; and it was found

that the accused persons Pankaj Verma and Shivam Verma deposited

cash through ATM machine from Bareilly in the above bank accounts

of accused Lenminthang and money had also been transferred from

account no. 922010003796841 (of Siya Ram), for procuring heroine

from Lenminthang. Many other suspicious transactions were also

found in the account of Lenminthang.

2.3.

Status report further mentions that accused Rajesh Gupta also

disclosed that he was court marshalled by Indian Army and his

account was freezed by his employer. He also disclosed that pursuant

to his court marshal, he remained in Kohima Jail, where he came in

contact of Sushil r/o Bareilly, who was also lodged in