HIGH COURT OF DELHI
SACHIN MAKADE – Appellant
Versus
NARCOTICS CONTROL BUREAU, NEW DELHI – Respondent
BAIL APPLN.-1410/2022
BAIL APPLN.1410 and 1710 of 2022 Page 1 of 11
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Reserved on: 25th November, 2022
Pronounced on: 08th December, 2022
+
BAIL APPLN. 1410/2022
SACHIN MAKADE ..... Petitioner
Through:
Ms.Malvika
Trivedi,
Senior
Advocate with Mr.Nipupn Katyal,
Mr.Shailendra
Slaria,
Ms.Sujal
Gupta, Advocates.
versus
NARCOTICS CONTROL BUREAU,
NEW DELHI ..... Respondent
Through:
Mr.Subhash
Bansal,
Senior
Standing
Counsel
with
Mr.Sashwat Bansal, Advocate.
+
BAIL APPLN. 1710/2022, CRL.M.(BAIL) 1127/2022,
CRL.M.A. 13100/2022, 13376/2022
BARUN SURENDRA CHAUHAN ..... Petitioner
Through:
Mr.Siddharth
Aggarwal
Senior
Advocate with Mr.Nipun Katyal,
Mr.Vivek
Kumar,
Mr.Abhinav
Sekhri, Advocates.
versus
NARCOTICS CONTROL BUREAU,
NEW DELHI & ANR. ..... Respondents
Through:
Mr.Subhash
Bansal,
Senior
Standing
Counsel
with
Mr.Shashwat Bansal, Advocate.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
1.
Both the petitions are being considered together. The brief facts
are:
Digitally Signed
By:PRADEEP SHARMA
Signing Date:08.12.2022 17:29
Signature Not Verified
BAIL APPLN.1410 and 1710 of 2022 Page 2 of 11
a)
a prosecution complaint has been filed under Sections 22(c),
23(c), 24, 25, 27A read-with Section 29, NDPS Act before the
Special Judge (NDPS Act), Patiala House Courts, New Delhi
against the accused persons, i.e. Dipu Singh, Sachin Makade,
Barun Surendra Chauhan, Tejas Rajesh Patel, Bablu Bhagwan
Dangre, Taha Toufique, Oliva Sinha and Rohit Sanghpal
Gaurkhede.
b)
on 31.01.2020, on the basis of an information, following
recovery and seizure was effected on 31.01.2020: i) 4200 Tablets
of Zolpidam (1.050 Kg) and ii) 6000 Tablets of Alprazolam
(1.200Kg) from parcel bearing No. 535153356 destined to Great
Britain, lying at TNT India Pvt. Ltd. (Fedex Courier) near new
Custom House, IGI Airport. The documents attached with said
parcel, revealed during investigations the address and mobile
number of the consignor / accused Dipu Singh who was located in
Lucknow and the recovery of tablets - narcotic medicines (drugs)
was effected and seized vide Panchnama dated 01-02-2020, i.e.
12,000 Tablets of Tramadol (4.800 Kgs) being recovered from the
residence of accused Dipu Singh at 551 KA/G-182, Azad Nagar,
Alam Bagh, Lucknow, Uttar Pradesh;
c)
consequent upon the recovery of such commercial quantity
from the parcel and further recovery of commercial quantity of
Narcotic Tablets from the residence of Dipu Singh, who upon
examination had voluntarily tendered his statement, under section
67, NDPS Act and admitted of committing an offence under NDPS
Act. He further disclosed the names of other person involved in
Digitally Signed
By:PRADEEP SHARMA
Signing Date:08.12.2022 17:29
Signature Not Verified
BAIL APPLN.1410 and 1710 of 2022 Page 3 of 11
said illegal dealing with narcotic tablets and revealed the modus
operandi of sending parcels not only from India but also parcels
provided from Singapore to his clients. Investigations revealed
involvement of co-accused Tejas Patel, Sachin Makade, Barun
Surendra Chauhan, Bablu Bhagwan Dangre, and also disclosed
their modus operandi followed in the commission of offences
under the NDPS Act;
d)
accused Dipu Singh had disclosed one Tejas Patel of
M/s.Krivi Export and M/s.Azesto Impex, Nagpur is also involved
along with him and he made shipments of Tramadol through him,
who operate from such firms at Nagpur, Maharashtra;
e)
During investigation the officers of NCB reached the office
of