IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: 28.05.2024

BAIL APPLN. 735/2024

SUBHASH KUMAR YADAV ….. Petitioner

Through: Mr. Ravinder Pal Singh, Advocate.

versus

THE STATE GOVT. OF NCT OF DELHI AND ANR. ….. Respondents

Through: Mr. Amol Sinha, ASC (Crl.) for State with Mr. Kshitiz Garg, Mr. Ashvini Kumari and Ms. Chavi Lazarus, Advocates with SI Vidyakar Pathak, P.S.: New Delhi Railway Station.

CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
JUDGMENT

ANOOP KUMAR MENDIRATTA, J.

1.An application under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for grant of regular bail in FIR No. 0145/2023, under Sections 20/61/85 NDPS Act, registered at P.S.: New Delhi Railway Station. Chargesheet has been filed under Section 380 IPC and Sections 20/29/61/85 NDPS Act.

2.In brief, as per the case of prosecution, on 11.10.2023, an information was received from RPF Control Room vide DD No. 33A regarding an unclaimed suitcase containing Ganja found in Train No. 22823. FIR was registered on statement of complainant Binod Kumar Sakuja, who stated that he along with his wife and sons had boarded Train No. 22823, Rajdhani Express from Tata Nagar on 10.10.2023 for New Delhi with confirmed berth Nos. A-1/25, A-1/27, A-1/49 and A-1/50. Further, he exchanged seat Nos.
A-1/49, 50 with a passenger of seat No. A-1/26, 28 and had kept his luggage below berth Nos. A-1/25 and 27. On 11.10.2023 about 10:10 AM, while deboarding the train at New Delhi Railway Station, he found red / maroon color trolley bag instead of his red color trolley bag, which he had kept below berth Nos. A-1/25 and 27 and accordingly informed the TTE, who called RPF. The said trolley bag was found to contain 60 packets of Ganja.

3.During the course of investigation, PNR Number of Seat No. 25 to 30 of A-1 coach was obtained and CCTV footage of Bhubaneswar Railway Station was checked, which revealed that a lady and a boy were carrying the same trolley bag at time of departure of Bhubaneswar Tejas Rajdhani Express. Seat Nos. 29 and 30 were found to be booked in the name of Bijya Laxmi and H. Nayak and on further verification, address of the said passengers was found to be a vacant plot. The tickets of said Seat Nos. 29 and 30 were found to be booked through Mobile Number, which was traced at Bhubaneswar and accused Subhash Kumar Yadav (petitioner) was accordingly arrested on 16.10.2023. Also, the mobile phone through which tickets were booked from IRCTC website was recovered from him. He disclosed that he had booked these tickets through his mobile in the name of Bijya Laxmi and H. Nayak, at instance of main Ganja supplier Babula Khara. Accused Babula Khara was finally apprehended on 27.12.2023 with
13.88 Kg. Ganja at New Delhi Railway Station and was formally arrested in this case.

4.Learned counsel for petitioner submits that quantity of Ganja, allegedly recovered from the said trolley bag found in train, is intermediate quantity. He submits that petitioner is in no manner connected with the alleged Ganja, which is claimed to have been carried by Bijya Laxmi and H.
Nayak. He further emphasises that only evidence against petitioner is of booking of tickets through his mobile against consideration and petitioner has no link with any of the co-accused.

5.On the other hand, learned APP for State opposes the application.

6.I have given considered thought to the contentions raised. Admittedly, only evidence against petitioner relates to merely booking of tickets in the names of Bijya Laxmi and H. Nayak. There is no further evidence against petitioner of having dealt with Ganja recovered from an unclaimed trolley bag found in the train. Chargesheet has already been filed and petitioner is in custody since 16.10.2023. There does not appear to be any possibility of influencing the witnesses in any manner, as recovery of Ganja is based upon testimony of official witnesses apart from the complainant. Considering the totality of facts and circumstances, petitioner is admitted to bail on furnishing personal bond in the sum of Rs. 50,000/(Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of learned Trial Court and subject to following conditions:

(i) Petitioner shall provide his mobile number to the Investigating Officer (IO)/SHO concerned at the time of release.

(ii) In case of change of address, petitioner shall intimate / communicate his address to the IO/SHO concerned. Application is accordingly disposed of. Pending applications, if any, also stand disposed of.

A copy of this order be forwarded to the learned Trial Court and Superintendent Jail for information and compliance.

(ANOOP KUMAR MENDIRATTA)
JUDGE
MAY 28, 2024/R Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:28.05.2024
17:40:42 BAIL APPLN. 735/2024