Mahesh Goyal vs State

Calling No. Location","Called No. Location",Date/Time,Dur,"Cell 1 of Appellant

9821071319

Janakpuri","7777077964 I.P Estate, Ring Road, Delhi","31/10/17 At 13:44:16",36sec,"32061_9735 Janakpuri

9821071319,"777707796

Chanakyapuri, Delhi","31/10/17 At 14:31:35",62sec,31081_60435

7777077964

Moti Bagh",9821071319,"31/10/17 At 14:36:14",66sec,31081_25263

7777077964

Gurgaon, Haryana","9821071319 Sec-5, Dwarka","31/10/17 At 18:47:32",37sec,"31061_7506 Sec-5, Dwarka

7777077964

Sec 5 Dwarka","9821071319 Sec-12, Dwarka","31/10/17 At 20:20:07",16sec,"31061_26810 Sec-12, Dwarka

7777077964

Sec-12, Dwarka","9821071319 Sec-12, Dwarka","31/10/17 At 20:26:44",23sec,"31061_50893 Sec-12, Dwarka

9821071319

Sec-12, Dwarka","7777077964 Sec-12, Dwarka","31/10/17 At 20:29:16",I5sec,"31061_26816 Sec-12, Dwarka in relation to the applicant is wholly unreadable which casts a doubt on the veracity of the prosecution version. It has also been submitted on behalf of the applicant that there is nothing to indicate that the copy of the Special Report was sent to the superior officer under Section 57 of the NDPS Act,"

1985.,,,,

The status report dated 14.8.2020 of the State has submitted to clarify this aspect by submitting to the effect :

“ i.e. 29.10.2017, prior to the seizure of contraband Ecstasy (M.D.M.A), another secret information had also been received by the then" Inspector Brijpal Singh of Narcotic Cell Crime Branch through an informer that one person namely Gurpreet, involved in supply of illegal" weapons, would come in between 4:00-4:30 PM near Neelkanth Apartment Sector-13, Rohini, Delhi to deliver a consignment of illegal" weapons, to someone.",,,, The secret information was shared with the then ACP/Narcotics who ordered to conduct raid. Inspector Brijpal Singh recorded the secret information in Daily Diary Register and made his departure vide DD No. 4 at 2:50 PM along with raiding party members and the informer.

As per DD Entry No. 4, dated 20.10.17, at about 4:05 PM a Swift Dezire Car reached the spot near Neelkanth Apartent Sector-13 Rohini," whose driver was identified as Gurpreet by the informer. Two persons found present in the car were overpowered who revealed their identities as (1) Gurpreet Singh s/o Late Surjeet Singh r/o Rohini and (2) Tarun s/o Rajinder r/o Prashant Vihar, Delhi. Search of the car" and both the above mentioned persons was made but no illegal weapon was found during search of the apprehended persons and their car," therefore they were relieved at that time itself. On reaching back to office Narcotics Cell, Inspr. Brijpal Singh made the arrival of Police" Party vide DD No. 6 at 4:55 PM by mentioning all the facts.

That, later on, on the same day, ASI Pawan Kumar of Narcotics Cell Crime Branch, received a secret information that one person namely" Kamal Kalra resident of Rohini Delhi is involved in sale & supply of ECSTASY (a party drug) in Delhi & NCR. The informer further revealed that Kamal Kalra would come near Goodwill Apartment Sector-13, Rohini Delhi with his associate Akshay, in-between 06:30 PM" to 07:00PMto deliver Ecstacy to someone. Acting upon the said information a raid was conducted by ASI Pawan Kumar along with raiding team and apprehended one person at about 7:05 PM, whose identity revealed as Kamal Kalra s/o Rajinder Kalra r/o F-3/58 (2nd Floort)" Sector-11, Rohini Delhi. It was revealed that Kamal Kalra and Tarun was the same person and he had disclosed his wrong name as" “Tarun” to Inspr. Brijal Singh when he was caught with Gurpreet Singh as per available record.

That, it is clarified here that as per DD entries lodged the places of occurrence of both the incidents were different but in a same locality" i.e. in Sector 13 Rohini, Delhi. Applicant is trying to mislead by clubbing two separate raids/incidents. The trial court has already framed" charge against the appellant and the co-accused Kamal Kalra and also dismissed the bail application of the appellant. Further, the" CDR’s of both the accused persons, arrested in the present case, confirms their association with each other and even their presence at" the place of delivery of contraband at Dwarka.”.

On a consideration of the submissions that have been made on behalf of either side the Court is of the considered view that as regards the aspect as to whether or not there has been a requisite compliance of the provisions of Section 42 and Section 50 of the NDPS Act, 1985, the same are" aspects which can only be determined at the time of trial.

The allegations levelled against the applicant relate to the alleged possession of 20 grams of MDMA (Ecstacy) which is a psychotropic substance and which was possessed by the applicant beyond the small quantity of 0.5 gms prescribed under the NDPS Act, 1985 at serial No. 134 of the table" notified specifying small and commercial quantity thereof and as the allegations levelled against the applicant relate to the alleged possession of 20 gms of the MDMA which is a commercial quantity, it is apparent that the embargo of Section 37 of the NDPS Act, 1985 would apply."

As regards the aspect raised on behalf of the applicant with regard to the discrepancies in the DD Entries, the same can only be determined on"

trial. In the instant case, taking into account the alleged possession of 20 gms of MDMA as observed hereinabove, which falls within the ambit of the" commercial quantity in terms of Serial no. 134 of the Table to the NDPS Act, 1985, there is no ground whatsoever for grant of bail to the applicant in" view of the embargo which applies in terms of Section 37 of the NDPS Act, 1985."

The Bail Application No.548/2020 is thus declined.,,,,