Vir Chandra Kumar v. State (Nct of Delhi)

TALWANT SINGH, J SEPTEMBER 21, 2022/pa

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 21.09.2022 + BAIL APPLN. 1675/2022 VIR CHANDRA KUMAR ..... Petitioner Through: Mr. Pushkar Priyadarshi, Advocate. versus STATE (NCT OF DELHI) ..... Respondent Through: Mr. Yudhvir Singh Chauhan, APP. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. The petitioner has prayed for bail in FIR No.48/2021, PS Mahendra Park under Section 20/25/29 NDPS Act. The petitioner is stated to be in custody since 05.02.2021. 2. In brief facts, it is mentioned that the case of the prosecution is that information was received on 29.01.2021 at 7:50 PM at Narcotics Cell, Pitampura that one Mr. Badri Singh and Mr. Rohan Kumar will be driving a truck which is used to transport psychotropic substance 'Ganja' and the said truck will reach on 30.01.2021 at about 4:00-5:00 AM near Jahangir Puri Metro Station to supply 'Ganja'. 2.1 A raiding party was constituted at about 4:40 AM. The alleged truck reached the spot. The police official authorised under Section 42 of the NDPS Act searched the truck and found 2 bags containing 12 packets each and 2 packets outside on the roof of the cabin of the truck. The total quantity of contraband recovered was 52.7 Kg. 2.2 On physical examination and after smelling, it was suspected to be 'Ganja' and after due legal process, the present FIR was registered and the 2 accused, namely, Badri Singh and Rohan Kumar, who were driving and loading the said truck were arrested. During investigation, Badri Singh disclosed that he met the present petitioner and asked for money on which the petitioner lured him to become a partner in this plan to transport 'Ganja' from Hyderabad to Delhi. 2.3 Further case of the prosecution is that Badri Singh convinced Rohan Kumar to be part of the plan. Both of them reached with the truck on 26.01.2021 at Hyderabad from where they loaded the goods for transport and then after loading the consignment of psychotropic substance, the vehicle reached Delhi on 30.01.2021, when they were apprehended. On the basis of this disclosure, the present petitioner was arrested on 05.02.2021 from Kolkata. Nothing illegal was recovered from his possession. 2.4 It is pleaded that the applicant has clean antecedents and character. The CDR filed by the prosecution does not show that the petitioner was in touch with other accused; the tower ID of the petitioner was not verified; there is no recovery of contraband from his place or person; he is in custody for more than a year; the trial would take some time to conclude and there is no evidence against the applicant. 2.5 The bail application of the petitioner was dismissed on the basis of his location, which was taken as circumstantial evidence against him. 3. The investigation is already complete and the charge sheet has been filed, so the petitioner is not required for any further investigation. He is the sole bread earner of the family. The accused is presumed to be innocent till he is proved guilty; all the witnesses are police officials; so there is no possibility of tampering with the evidence and the petitioner undertakes to abide by all terms and conditions of the bail. 4. Notice was issued. Status Report has been filed. Nominal roll was also called. 5. Arguments heard. 6. In the Status Report it is mentioned that the call detail records of the mobile phone of Badri Singh and the present petitioner were obtained and the analysis shows that the present petitioner was constantly in touch with the co-accused Badri Singh. Around 19 calls were made between the accused Badri Singh and the present petitioner within 23 days from 06.01.2021 to 29.01.2021 and the petitioner was also present in Vishakhapatnam during the time when the 'Ganja' was loaded on the truck. During interrogation, the present petitioner has also accepted his involvement in the case. When he came to know that the 'Ganja' was seized by the police, he fled away from Vishakhapatnam to Kolkata. 7. FSL report has been receive