Delhi High Court
Surender Singh vs The State on 15 January, 2020
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 15.01.2020
+ BAIL APPLN. 2181/2019
SURENDER SINGH ..... Petitioner
Through: Mr. Dinesh Prasad Pandey
Advocates.
versus
STATE (GOVT OF NCT OF DELHI) ..... Respondent
Through Mr. G. M. Farooqui,
APP for State with SI Surender
Singh, PS Special Cell/NR.
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 Surender Singh in FIR No. 46/2016 u/s. 21/29
NDPS, P.S. Special Cell, Delhi.
2. Ld. Counsel for the petitioner has prayed for bail on the ground
that petitioner is innocent and has been falsely implicated. He is in
judicial custody since 31.07.2016. It is alleged against the petitioner
that on receipt of secret information, raiding party was constituted and
the petitioner and co-accused Balwinder Singh were apprehended on
30.07.2016 and he was served with notice u/s. 50 of NDPS Act. It is
alleged that from the possession of the petitioner 01 kg heroine was
recovered. The prosecution has already filed charge-sheet in the Court
and charge u/s. 21/29 NDPS Act has also been famed against the
petitioner. The bail application moved by the petitioner before the Ld.
Trial Court Sh. Anil Antil, ASJ-04, Patiala House Courts, New Delhi
was dismissed vide order dated 20.08.2019. It is submitted that co-
accuseds Balwinder Singh and Michael Chinedu have already been
granted regular bail by the Ld. Trial Court vide order dated
20.12.2018 and 10.12.2018 respectively. It is, therefore, prayed that
petitioner be released on bail in the interest of justice.
5. Ld. APP for the state has opposed the bail application on the
ground that allegations against the petitioner are serious in nature.
Petitioner was granted interim bail vide order dated 14.12.2017 but he
has not surrendered and therefore NBWs were issued against him. He
has, therefore prayed for dismissal of the bail application.
6. I have considered the rival submissions. As per prosecution case
petitioner is a member of an international narcotic syndicate who are
suspectedly indulging in drug supplying in Delhi, Punjab. Co-accused
Balwinder Singh along with petitioner used to receive supply of
heroin from African nationals residing in Pochanpur, Dwarka in Delhi
and used to further supply the same in Punjab and Delhi. On
30.7.2016, petitioner along with co-accused Balvinder came to Delhi
in their white swift car No. DL 3CH 8560 for supplying the heroin to
one of their contacts near Petrol Pump opposite Rohini Jail.
Petitioner and co-accused Balwinder Singh were apprehended and 03
kgs heroin i.e. 02 kgs from co-accused Balwinder and 01 kg from
Suredner was recovered at the spot. Upon interrogation they disclosed
that they were part of a big international narcotic syndicate and they
used to supply heroin to various persons in Punjab and Delhi. As per
prosecution, many mobile numbers suspectedly used by members of
syndicate including arrested persons and their other associates were on
interception. Monitoring of interception revealed that both the accused
persons were communicating with each other and their associates
about transaction, quality rate, weight etc. of heroin. These
incriminating voice calls among the members of this narcotic
syndicate are stored in computer system installed in the office of Spl.
Cell/NR. Earlier the petitioner was granted interim bail by Ld. Trial
court on 14.11.2017 but he jumped the bail and absconded. He was
later on arrested in a case of NDPS Act bearing FIR No. 46/17, PS
Firozpur City, Punjab on 15.02.2018.
7. The allegations, thus, prima facie, reveal active involvement of
petitioner in international narcotic syndicate. Petitioner was granted
interim bail by Ld. ASJ, Delhi vide order dated 14.11.2017 for 45
days on medical ground. However, petitioner had not surrendered and
therefore NBWs were issued against him. In the meantime, he was
involved in another case under Section 21 NDPS Act, FIR no.
46/2018 in Ferozpur, Punjab. In view the facts and circumstances of
the case and also keeping in view the seriousness of the offence, no
grounds for grant of bail to the petitioner are made out at this stage.
The bail application is, therefore, dismissed.
BRIJESH SETHI, J
JANUARY, 15, 2020
Amit
