Delhi High Court
Nikesh Kumar @ Sunny vs State (Gnctd) on 23 October, 2018
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:23.10.2018
+ BAIL APPLN. 1938/2018
NIKESH KUMAR @ SUNNY ..... Petitioner
versus
STATE (GNCTD) ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Sushil Kumar Singh, Advocate.
For the Respondent : Ms. Kusum Dhalla, APP for the State.
SI Rahul Kumar, PS Special Cell
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
23.10.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks anticipatory bail in FIR No.11/2018 under Section
20/29 Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Allegations in the FIR are that on 01.02.20188 secret information
was received that an inter-State drug cartel was involved in smuggling and
distribution of narcotic substance Ganja in Delhi and NCR.
3. Acting on the secret information two persons were intercepted and
apprehended opposite CNG Pump, Mohan Cooperative Estate, Industrial
Area, Mathura Road, New Delhi along with one truck. The truck was
searched and a special cavity was found in the body of the truck wherefrom
540.750 grams narcotics substance Ganja was recovered.
4. During interrogation the two persons, who were intercepted,
disclosed names of other persons who were involved in the smuggling of
Ganja. Further disclosure was made and at their instance another truck was
intercepted. During search it was also found to have also a special cavity.
From the second truck 61.200 kgs of Ganja was recovered.
5. Further arrests were made and during investigation and interrogation
of the persons arrested, name of the petitioner surfaced. As per the
disclosure and confessional statement, petitioner was named to be the key
person and also the main contact between the persons who were arrested
and the supplier of Ganja.
6. Investigation is alleged to have revealed that petitioner's location, on
the relevant date and time, was also found on the spot where Ganja was
loaded on the trucks which were intercepted. Investigation is alleged to
have revealed that petitioner had used the sim card and debit card of his
friend and handed over the same to the driver of the truck for purchase of
fuel enroute from Orissa to Delhi and for being in touch with others. The
friend of the petitioner Jay Vardhan Kumar in his statement has disclosed
that he had given his debit card and sim card to the petitioner. Petitioner is
alleged to have made a deal for purchase of the truck, from which 61.2000
kgs was recovered, through a car dealer. The car dealer is also alleged to
have named the petitioner.
7. Leaned APP submits that further investigation into the role of the
petitioner is required to be carried out and investigation into the cartel is to
be made, the modus operandi, the suppliers and purchasers of contraband is
to be unearthed for which custodial interrogation of the petitioner is
required.
8. Learned APP further informs that petitioner has already been
declared a proclaimed offender by order dated 27.07.2018 by the Trial
Court as he had failed to appear consequent to a publication under Section
82 of the Criminal Procedure Code.
9. Learned counsel for the petitioner submits that nothing is recovered
from the petitioner and petitioner is sought to be implicated solely on the
basis of alleged disclosure/confessional statement of co-accused.
10. Keeping in view the facts that are alleged to have surfaced during
investigation, as noticed above, I am of the view that the request made by
learned APP for custodial interrogation of the petitioner, in the facts and
circumstances of the present case, does not seem to be unjustified.
11. In view of the above, I am not inclined to grant anticipatory bail to
the petitioner. The petition is accordingly dismissed.
12. Order Dasti under signatures of the Court Master.
OCTOBER 23, 2018 SANJEEV SACHDEVA, J
st
