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2023 DIGILAW 5131 (DEL)

Nur Islam Mia v. State (NCT) of Delhi)

2023-08-25

AMIT SHARMA

body2023
ORDER 1. The present application under Section 439 read with Section 482 of the CrPC seeks regular bail in case FIR No. 111/2023, under Sections 20/61/85 of the NDPS Act, registered at P.S. New Friends Colony. 2. The case of the prosecution is that on 19.03.2023, HC Ramkishan and HC Ankur were patrolling and saw that the present applicant was going to C.V. Raman Marg from Gurudwara with a backpack. It is alleged that on seeing the aforesaid police personnel, the applicant started walking fast and on being signalled to stop, he started running. It is alleged that thereafter he was chased and on search of the backpack, ganja weighing 2.076 kg was recovered from him. 3. Learned counsel appearing on behalf of the applicant submits that investigation in the present FIR is complete and chargesheet has been filed before the court of competent jurisdiction. The contraband seized in the present case is of intermediate quantity and therefore rigours of Section 37 of the NDPS Act would not be applicable. It is further pointed out that the present applicant is in custody since the date of his arrest, i.e., 22.03.2023 and has no previous involvements. 4. Per contra, learned APP for the State submits that as per the disclosure statement made by the present applicant, one named Bilal is the supplier of the said contraband, who is presently absconding. It is pointed out that the CDRs have been placed on record where it is reflected that the present applicant was in touch with the aforesaid Bilal. It is further pointed out that the bank statements of the present applicant has been credited with money, for which he has not given any satisfactory answer. 5. Heard learned counsel for the parties and perused the record. 6. In the present case, the investigation qua the present applicant is complete and the same is continuing with respect to the other co-accused. The material against the present applicant has admittedly been placed on record before the Court of competent jurisdiction and recovery stands complete. The contraband seized is of intermediate quantity. Nominal roll dated 21.08.2023 received from Superintendant of Prison, Central, Jail No. 8/9, Tihar, Delhi reflects that the present applicant has no previous involvements. 7. In totality of the facts and circumstances of the case, the present application is allowed. The contraband seized is of intermediate quantity. Nominal roll dated 21.08.2023 received from Superintendant of Prison, Central, Jail No. 8/9, Tihar, Delhi reflects that the present applicant has no previous involvements. 7. In totality of the facts and circumstances of the case, the present application is allowed. The applicant is directed to be released on bail, on his furnishing a personal bond of Rs.50,000/- with one surety of like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to following conditions: i. The applicant shall not leave India without prior permission of the learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner. vi. The applicant shall appear before the Investigating Officer every Thursday at 2 PM and the concerned officer is directed to release him by 3 PM after recording his presence and completion of all the necessary formalities. 8. The application is allowed and disposed of accordingly. 9. Pending application, if any, also stand disposed of. 10. Needless to state that nothing stated hereinabove is an opinion on the merits of the case. 11. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance. 12. Order be uploaded on the website of this court forthwith.