BAIL APPLN. 3673/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: February 24, 2022

Decided on: March 04, 2022

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BAIL APPLN. 3673/2021

NAMAN SHARMA

….. Petitioner

Represented by:

Mr. Anurag Bindal, Mr. Ankur Gupta

and Mr. B. Khan, Advocates.

Versus

STATE THROUGH NARCOTICS CONTROL

BUREAU

..... Respondent

Represented by:

Mr. Rajesh Manchanda, Special P.P.

for the NCB.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

MUKTA GUPTA, J.

1. By this petition, the petitioner seeks regular bail in case No.

VIII/46/DZU/2021 under Sections 8(c)/20/22/29 of the NDPS Act on a

complaint filed by the respondent-NCB.

2. Learned counsel for the petitioner contends that even as per the

statement recorded under Section 67 of the NDPS Act which is inadmissible

in evidence, the best case of the respondent is that the petitioner used to

consume Ganja in the year 2017 and the payments thereof were made in the

year 2021. Even as per the investigation, the group was created by Mohd.

Aslam and Parichay Arora and merely because the petitioner was also made

an Admin of the group, the liability of the entire group cannot be fastened on

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the petitioner. Even from the transactions of payments made to Mohd.

Aslam and NeilSinghvi by the petitioner, at best, four or five transactions

have been shown wherein amounts transferred are ₹11,000, ₹5700, ₹1000,

₹2000 etc. The petitioner is not a drug trafficker. Though not admitting,

even if at some stage the petitioner consumed the drugs, the same would not

amount to dealing in a drug trafficking racket. He further states that the

similarly placed co-accused namely Devesh Vasa has been granted bail by

this Court and Aashray Pandey has been granted bail by the learned Special

Court and hence, on parity, the petitioner be also granted bail. The petitioner

was working after completing his studies at Kolkata when he was picked up

by the officers of the respondent and implicated in this case. The complaint

has been filed and the petitioner is no more required for investigation.

3. Learned counsel for the respondent states that in view of the embargo

under Section 37 of the NDPS Act, no case for grant of bail to the petitioner

is made out as there is every possibility that on being released on bail, the

petitioner will again indulge in same kind of activities and the petitioner

being a part of the larger drug network, his role cannot be segregated from

the other accused.

4. Case of the prosecution in nutshell is that on the basis of an

information, Guhan Sarvothamanwas intercepted at the IGI Airport on 4^th

August 2021.On his search, 30 gms. of ganja and 0.45 gms. of Ecstasy

were recovered. In the interrogation, he revealed about his friend Rahul

Mishra, his address and the possibility of recovery of contraband from his

house. Search was made at the house of Guhan Sarvothamanat Greater

Noida, resulting in recovery of 1 kg of ganja and ₹15.5 lakhs in cash.

Search was also made at the house of Rahul Mishra at Faridabad from

where, 1.05 kg of ganja was recovered. Guhan Sarvothamanfurther

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disclosed about one accused Aashray Pandey,who was thereafter

intercepted at Ambience Mall with a parcel containing 410 gms. of ganja.

Guhan Sarvothaman also informed about one Tareena Bhatnagar who had

promised to get him high quality ganja and for which, she had paid a sum of

₹6 lakhs to Jasbir Singh. Thus, the links of Jasbir Singh were sought to be

traced and it was found that Jasbir Singh operated under the pseudo name

Optims Prime and Sharadha Surana operated under the pseudo name

Beanskey on Telegram App in Orient Express Group. The Orient Express

Group, wherein, number of people were indulging in sale and purchase of

narcotics wa