* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 07.09.2021 Date of decision: 23.05.2022 + BAIL APPLN. 1189/2020 AMIT RANJAN ..... Applicant Through: Mr. Ashok K Singh, Mr. Yash Datt, Ms. Ankita Baluni, Advocates.

Versus NARCOTICS CONTROL BUREAU, DELHI ..... Respondent Through: Mr. Rajesh Manchanda, SPP for NCB.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J

1. The applicant- Amit Ranjan, S/o Sh. Nabin Kumar, vide the present application seeks the grant of bail in complaint case bearing SC No.81/2019 registered under Sections 8(c), 21(c), 23 & 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act, 1985) dated 12.02.2019 submitting to the effect that the applicant has been falsely implicated in the instant case, that there has been no recovery of any narcotic nor psychotropic substance from the applicant whatsoever. The applicant has submitted that he is a Software Engineer with a B.Tech degree and the Director of M/s NGA Infotech (OPC) Pvt. Ltd. with its registered office at S-

564, 3^rd Floor, School Block, Shakarpur, Delhi-l10092 and that he has his corporate/working office at Parasi, Near Chaturbhuj Asthan Bagan Bigah, Nalanda, Bihar-803118, from where he successfully ran the businesses of online IT services, BPO, Web designing and software development and has also dealt in the sales of mobile phones and mobile accessories through Flipkart and Snapdeal and has never been involved in any illegal activities.

2. The applicant has further submitted that he learnt of the present case on 13.02.2019 from the ICICI Bank when the banker communicated to the applicant of receipt of a freezing order of his account as issued by the Narcotics Control Bureau, whereafter, he learnt of the investigation in the instant case and applied for anticipatory bail, which however, was declined and thus, the applicant surrendered on 06.09.2019 before the Court of the learned ASJ (Special Judge, NDPS), PHC, New Delhi and was arrested by the Narcotics Control Bureau Officer and was sent for one day police custody and then to judicial custody, whereafter, the supplementary complaint was filed against him qua the alleged commission of the offences punishable under Sections 8(c), 21(c), 23 & 29 of the NDPS Act, 1985 and during investigation, the applicant was pressurized and compelled to write his disclosure statement under Section 67 of the NDPS Act, 1985 as dictated by the Investigation Officer, whereafter, the applicant filed a retraction application dated 10.10.2019 retracting from the same submitting to the effect that his disclosure statement had been given under duress and coercion.

3. The applicant has further submitted that his subsequent bail application seeking grant of regular bail was declined by the learned ASJ vide order dated 14.05.2020. The applicant has submitted that the prosecution version is based on some secret information received by the Narcotics Control Bureau, Delhi pursuant to which a complaint bearing no. NCB/24/DZU/2018 under Sections 8(c), 21(c), 23 & 29 of NDPS Act, 1985 dated 16.08.2018 was registered and some contraband goods were recovered from Gaurav Mehta (Accused No. 1) from Laxmi Nagar, Delhi, whereafter he was arrested on 21.01.2018 and during interrogation he disclosed the name of Bhaskar Khatnani (Accused No.2), who further disclosed the name of Manish Mohan (Accused No.3), who further disclosed the name of Pulkit Kumar (Accused No.4) and since the petitioner has had some IT business relations and transactions with Pulkit Kumar, on the ground of suspicion and disclosure statements made by other co-accused whilst in police custody, the applicant was made accused No.5 in the said complaint by the Investigating Agency.

4. It has been submitted by the applicant that the NCB team reached at the office of DHL Express, at 71/3, Rama Road, Kirti Nagar, New Delhi and asked about the parcel which was booked by Sh. Gaurav Mehta and instructed to the staff o