Ganesh Pun vs Union Of India
2020 Latest Caselaw 906 Del

*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                        Judgment Reserved On: 03.02.2020
                      Judgment Pronounced On: 11.02.2020
+      BAIL APPLN. 78/2020
       Ganesh Pun                                     ..... Petitioner
                           Through:     Mr. Nitin Sehgal and Mr. Alok,
                                        Advocates.
                           versus
       UNION OF INDIA                                 ..... Respondent
                           Through      Mr. B. S. Arora, Advocate.
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                               JUDGMENT

BRIJESH SETHI, J.

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

CrPC by the petitioner Ganesh Pun in Case No. SC 29/201 u/s. 8 (c)

& 22 (b) of NDPS Act.

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 petitioner was apprehended by the respondent on

15.11.2018 and since then he is in custody except for the period of

around two months when he was granted interim bail in this case. The

Ld. Court of Shri Ajay Kumar Jain, Spl. Judge /NDPS, New Delhi

dismissed the bail application of the petitioner on 16.11.2019.

3. As per the allegation, on 12.02.18 at 11:00 hours a secret

information was received by NCB that a parcel destined to USA

contains narcotic drugs. Thereafter raid was conducted at Blue Dart

office and one suspected parcel was produced by one Aashish Gupta

incharge of the office showing name of the consigner as Sushma

Chetri on the parcel. It is further alleged that on opening of the said

parcel, six polythene packets having 200 tablets of Nitrazepam

weighing about 108 grams were recovered. It is further alleged that on

investigation, it was found that said Sushma Chetri had sold the

property whose address was mentioned on the parcel and had shifted

to some other place. When the NCB officers reached at her new

address, the said Sushma Chetri was found with her husband Ganesh

Pun (petitioner) and on search of their house huge quantity of

psychotropic substance/tablets were found and separate case was

registered against them. It is submitted that though the search and

seizure memo was made on 12.02.2018 but no sample was drawn at

that time and this violates the standing order No. 01/88, 02/ 88 and 01

/89 issued by Govt. of India. It is submitted that the samples were also

drawn by the prosecution after a delay of about more than a year.

Procedure laid down in section 50 of the act was also not followed. It

is further submitted that the parcel was booked on 08.02.2018 but the

dealing clerk has identifed the petitioner in NCB office on 25.09.2018

i.e. after about more than seven months. No TIP of the petitioner was

conducted as per law.

4. It is next submitted that the alleged recovery is not of

commercial quantity. The prosecution has filed the charge-sheet

before the concerned court. The charge has also been framed against

the petitioner and the case is now listed for prosecution evidences. It is

prayed that since the petitioner is innocent and falsely implicated and

is not required for the purpose of investigation and there are

contradictions in the prosecution version, he be, therefore, released on

bail in the interest of justice.

5. Ld. Advocate for the UOI has opposed the bail application on

the ground that allegations against the petitioner are serious in nature.

6. I have considered the rival submissions. Learned Counsel for

the petitioner has relied upon 'Sanjeev Kumar Saxena vs. State

Government of Delhi, 2008 (4) JCC (Narcotics) 195'. I have gone

through the above case law. However, the same is distinguishable on

the basis of facts and circumstances stated therein. It may further be

noted that in the present case, the petitioner is also involved in another

FIR relating to recovery of psychotropic substance from his residence

at Kolkata.

7. As discussed earlier, the prosecution version is that on

12.02.2018 a secret information was received by NCB that a parcel

bearing Airway bill no. 6053235871 lying at DHL, Express India (P)

Ltd., 71/03, Rama Road, Industrial Area, Delhi is suspected to contain

narcotics drugs. In pursuance of the information, a team of NCB

officers was constituted and it reached at DHL, Express India (P) Ltd.,

71/03, Rama Road, Industrial Area, Delhi and from the search of said

parcel 200 numbers of Psychotropic Tablets, weighing 108 grams

were recovered. The said parcel was destined to USA and consigner of

the parcel was mentioned as Sushma Chetri, Arabinda Pelly, Patulia,

Titagarh, West Bangal, Kolkata-70019 mobile no. +91-9123704743

and the consignee name was mentioned as Mrs. Michele Barnett 5701,

Kinsley Circle, PLANO, TX-75093 USA [email protected]

gmail.com. A letter was sent to Kolkata Zonal Unit, Kolkata for taking

follow up action. Vide letter dated 20.04.2018 IO,NCB/Kolkata Zonal

Unit had informed that the Sushma Chetri has sold the said property

and was residing at Flat No. 1C, Block-71, Green Field City,

Kolkata/24 Pargana and thereafter shifted to another Flat No. 2D,

Block No. 72, Green Field City, Maheshtala with her husband namely

Ganesh Pun.

8. The NCB/DZU team along with the NCB/Kolkata Zonal Unit

team had, thereafter, gone to the Flat No. 2D, Block No. 72, Green

Field City, Maheshtala, Kolkata and Sushma Chettri along with her

husband Ganesh Pun (petitioner) were found present there. The said

house was searched by the NCB team and huge quantity of

psychotropic substance/tablets were found and a separate case was

registered by the NCB/ Kolkata Zonal Unit against accused Ganesh

Pun. The details of the Psychotropic Tablets recovered from the house

of the accused Ganesh Pun are as under:

RECOVERY FROM GANESH PUN IN CALCUTTA;

Tablets in Loose form:-

1. 88 Nos i.e. 51 Gram (Gross) of White Coloured Nitrosun 10 Tablets containing Nitrazepam.

(500 Grams is commercial Quantity)

2. 275 Nos. i.e. 56 Gram (Gross) Off White Coloured Clonotril-1 Tablets containing Clonazepam.

(100 Grams is commercial Quantity)

3. 90 Nos. i.e. 8.5 Gram (Gross) Yellow Coloured Ativan Tablets containing Lorazepam.

(100 Grams is commercial Quantity)

4. 270 Nos. i.e. 85 Gram (Gross) Pink Coloured Alzolam-1.00 tablets containing Alprazolam.

(100 Grams is commercial Quantity)

5. 1260 Nos. i.e. 263 Gram (Gross) Small White Coloured Zolfresh Tablets Containing Zolpidem. (250 Grams i§ ggmmercial Quantity)

6. 360 Nos. i.e. 100 Gram (Gross) Blue Coloured Stilnoct Tablets Containing Zolpidem.

250 grams is commercial Quantity.

Tablets recovered in Strip Form:

1. 02 Strips each of 10 tablets of Nitrosun-IO (10 Mg) Tablets Containing Nitrazepam.

2. 06 Strips each 08 Tablets of Spasmodon (400 mg) Tablets containing Tramadol.

3. 02 Strips each of 15 Tablets of Clpnotril -1 (1 mg) Tablets containing Clonazepam.

4. 04 strips each (97 tablets) of Ativan (2 mg) Tablets containing Lorazepam.

5. 14 Strips each of 10 tablets ofAlzolam -1.00 (1 mg) Tablets containing Alprazolam.

6. 03 Strips each of 10 tablets of Trika-l (1 mg) Tablets containing Alprazolam.

7. 03 strips (37 tablets) of Zolfresh (10 mg) Tablets containing Zolpidem.

8. 03 Strips (40 Tablets) ofStilnoct (12.5 mg) tablets Containing Zolpidem.

9. Sushma Chettri had made her voluntary statement and disclosed

that the mobile number and the Photo ID attached with the parcel

bearing AWB No. 6053235871 was in her name and the same were

attached with the recovered parcel by his husband Ganesh Pun

(petitioner) while sending the said parcel.

10. Ganesh Pun in his voluntary statement has disclosed that he has

booked the parcel bearing No. AWB 6053235871 and had concealed

200 tablets (Nitorsun 10) in a plastic sewing machine and booked the

said parcel by using the ID of his wife. The booking Clerk of Blue

Dart & DHL has also made a statement that the petitioner Ganesh Pun

along with his wife had come to his office for booking the parcel

containing sewing machine to be sent to Mrs. Michele Barnett 5701.

Kinsley Circle. PLANO. TX-75093 USA. After booking of the said

parcel, he had prepared the AWB No. 6053235871 and performa

invoice and further sent the said parcel to Blue Dart & DHL destined

to USA. He also identified the accused Ganesh Pun who was also

present at NCB/KZU office as the same person who had booked the

recovered parcel.

11. It was, however, contended by Ld. Counsel for the petitioner

that petitioner has been granted bail in the subsequent case registered

at Kolkata. However, Ld APP clarified that petitioner has been

granted default bail because he was in custody for 183 days and

statutory period for filling chargesheet was over.

12. Perusal of the facts appearing on record prima facie reveal that

petitioner is dealing with narcotics drugs. He has tried to send the

drugs by concealing the same in a parcel. Later on, a raid was

conducted at his residence in Calcutta and huge quantity of

psychotropic tablets were recovered from there. Ld. Counsel for the

petitioner has submitted that petitioner has been granted bail in the

other case. However, the Ld. APP has clarified the fact that it was a

default bail granted by Court since charge sheet was not filed within

the statutory period. So far as minor discrepancies or contradiction in

prosecution version are concerned, these will no doubt be considered

by the Ld. Trial court at the appropriate stage but these cannot be

examined at this stage as the law is well settled that at the time of bail,

the evidence need not be discussed or analyzed in detail.

13. In view of the above facts appearing on record and nature of

offence, no grounds for grant of bail to the petitioner are made out.

The bail application is, therefore, dismissed.

BRIJESH SETHI, J FEBRUARY, 11, 2020 Amit