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Judgment
9 paragraphs · 475 wordsSanjay Vashisth, J
Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail in case FIR No.364 dated 16.09.2024 registered under Sections 20(B)(II) (c) and 29 of the NDPS Act at Police Station Bilaspur, District Gurugram, Haryana.
As per case of the prosecution, while the police party was on patrolling duty near Pachgaon Chowk, NH-8 Gurugram Road, a secret information was received that one Sandeep, resident of Village Mangalpur, Police Station Sadar Narwana, District Jind, was indulged in trafficking of illegal intoxicant substances i.e. Sulpha/Charas in the State of Haryana after procuring the same from Nepal-Bihar border area and that if a raid was conducted, he could be apprehended along with the vehicle being used in the commission of the offence.
Acting upon the said information, raid was conducted at the disclosed place and a Ritz VXI car bearing registration No. DL-9CW-7375 being driven by accused Sandeep was intercepted. Upon search of the vehicle, recovery of 35 kilograms of charas was effected from the said vehicle.
Learned counsel for the petitioner contends that although petitioner is the registered owner of the aforesaid vehicle, however, the same had been taken by co-accused Sandeep, who belongs to a nearby village, and petitioner has no connection or involvement with the alleged recovery.
Per contra, learned State counsel has referred to the status report dated 29.04.2026 and submits that during investigation, co-accused Sandeep disclosed that he had been employed by the petitioner as a driver on monthly salary of Rs.10,000/-. It has further been disclosed that petitioner had accompanied co-accused Sandeep to Nepal during the months of July and August, 2024 and had contacted him through WhatsApp asking him to again travel to Nepal in the aforesaid vehicle. As per the prosecution, on 13.09.2024, co-accused Sandeep reached Nepal where another accused namely Teja facilitated procurement of the narcotic contraband. Thereafter, while returning with the contraband, co-accused Sandeep was apprehended on 16.09.2024.
I have heard learned counsel for the parties and have perused the record.
Recovery involved in the present case is of commercial quantity i.e. 35 kilograms of charas, attracting the rigours of Section 37 of the NDPS Act. The material collected during investigation, including the disclosure statement of co-accused and the circumstances noticed in the status report, prima facie indicate involvement of the petitioner in the alleged offence. At this stage, this Court is not inclined to record satisfaction that the petitioner is not guilty of the offence or that he is not likely to commit any offence while on bail, as required under Section 37 of the NDPS Act.
Considering the gravity and seriousness of allegations, nature of recovery and material collected during investigation, no ground for grant of regular bail is made out. Consequently, present petition is hereby dismissed.
