Devender Rai vs State (Govt. Of Nct Of Delhi)
2019 Latest Caselaw 5661 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
                      Judgment delivered on: 15.11.2019
+      BAIL APPLN. 1852/2019
       Devender Rai                                   ..... Petitioner
                           Through:     Mr. Ravi Drall and
                                        Mr. Ankit Malik, Advocates.
                           versus
       STATE (GOVT OF NCT OF DELHI)                   ..... Respondent
                           Through      Mr. G. M. Farooqui,
                                        APP for State along with ASI
                                        Dinesh Kumar, PS Mundka.

       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                               JUDGMENT

BRIJESH SETHI, J.(oral)

1. Vide this order I shall dispose of a bail application filed u/s. 439

CrPC by the petitioner Devender Rai in FIR No. 081/2019 u/s.

20/61/85 NDPS Act, P.S. Mundka.

2. Ld. Counsel for the petitioner has prayed for bail on the ground

that petitioner is innocent and has been falsely implicated. It is

submitted that as per the FIR, petitioner was apprehended by police

officials on scooty along with co-accused and he was carrying Ganja

in a suitcase. He was arrested on 27.02.2019 and charge-sheet was

filed against him. It is submitted that petitioner aged about 21 years is

a law abiding citizen who has never been found guilty of violating the

law. The FIR was lodged on 09.02.2019 and chargesheet was

submitted in the month of May, 2019 but still no charge has been

framed so far against him. It is submitted that the FSL report of the

alleged case property has not been placed on record by the

investigation agency for the last 5 months. The recovery of alleged

Ganja is not "Commercial Quantity" and, therefore, the strict

provision of NDPS Act are not attracted.

3. It is further submitted that "Presumption of Innocence" is a

golden rule of the Criminal Legal System that has been considered to

be one of the paramount principles in criminal jurisprudence. The

grant of bail ought not to be denied only on the perceived

apprehension by the Court that the petitioner, if restored to liberty,

will tamper with the evidence or because of possibility of his

involvement in the case. The object of bail is neither punitive nor

preventive but is meant to secure presence of the accused during the

trial. It is, therefore, prayed that petitioner be released on bail in the

interest of justice.

4. Ld. APP for the state has opposed the bail application on the

ground that allegations against the petitioner are serious in nature.

Petitioner is involved in an offence of carrying 12 kg 'Ganja' along

with his co-accused. He has, therefore prayed for dismissal of the bail

application.

5. I have considered the rival submissions. The present case was

registered on 27.02.2019 on the information received by HC Pardeep,

regarding supply of Ganja by two persons at Hind Viahr Fatak,

Mundka, Delhi. The information was conveyed to SHO, Mundka. HC

Pardeep was ordered to take further necessary action and he formed a

raiding party including Ct. Ajeet, Ct. Ravinder and Ct. Devender and

reached at the place of information. At about 4:40 pm at the pointing

out of the informer, two boys namely, Devender Rai i.e. petitioner and

co-accused Sandeep came on a Scooty without number plate and

reached at the spot and were overpowered by HC Pardeep with the

help of staff. Thereafter, SI Ramesh reached at the spot and search

was made in the presence of ACP/Sub- Division Nangloi, Delhi. On

search of the petitioner namely Devender Rai, 12 kgs of Ganja (in six

packets, each packet having a weight of 2kgs duly packed with a

yellow colour tape) was recovered from his possession from a Green

colour Bag. Thereafter, ownership of the scooty (without number

plate) was checked and found that the same was stolen vide e-FIR No.

008602/18 u/s 379 IPC Police Station Paschim Vihar Delhi. The same

was also taken into police possession through seizure memo u/s 102

CrPC. The case was registered and investigation was carried out.

Seized exhibits were sent to FSL, Rohini vide Road Certificate

30/21/19 dated 8/3/19 for opinion. The result of examination report is

"On Physical Microscopic, Chemical and TLC examination, exhibits

'S-1', 'S-2', 'S-3', 'S-4', 'S-5' and 'S-6' were found to be Ganja

(Cannabis). Keeping in view the above facts i.e. recovery of 12 kg of

'Ganja' and nature of allegations leveled against the petitioner, no

grounds for bail are made out. The bail application is, therefore,

dismissed.

BRIJESH SETHI, J NOVEMBER 15, 2019 Amit