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TMI Blog2025 (4) TMI 1243X X X X Extracts X X X X X X X X Extracts X X X X ..... ZU' hereinafter) from Sh. Harish Upadhayay, Deputy Superintendent, Gujarat, ATS that a suspected person namely Md. Imran was transporting narcotic drugs in an MG Hector Car bearing Registration No. HR 87E 1111 from Muzaffarnagar scheduled to arrive at Delhi on the intervening night of 25.04.2022 and 26.04.2022 and a substantial quantity of narcotics drugs could be recovered. 3. This information was reduced in writing by SI Amit Kumar Tiwary and was put before Sh. Kuldeep Sharma, Assistant Director who directed Sh. Rahul Kumar Purbey, IO to constitute a raiding team. Thereafter, a joint team of NCB, DZU and ATS Gujarat was divided into three groups for surveillance wherein one group was stationed at Meerut Toll Plaza, Second group was stationed at Daurala Toll Plaza, NH-58 and third group consisting of IO Sh. Rahul Kumar Purbe,, IO Sh. Rajeev Sehrawat, Sepoy Dharmender Singh and Rajbir were stationed at Red Light below the Bridge Bus stand, Sarai Kale Khan, Delhi. At around 05:50 AM, the third surveillance group saw the Car bearing Registration No. HR 87E 1111 coming from the Rajghat side. As soon as the vehicle reached Red Light, Sarai Kale Khan the team gathered near the vehicle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... then he may be apprehended along with recovery of psychotropic substances. 7. Accordingly on his information, a raid was conducted on 26.04.2022 at Muzaffarnagar Godown, the lock of the godown was opened by accused Mohd. Imran with the help of key which was in his possession. On opening the door of the godown, accused Mohd. Imran pointed out three blue colour plastic jerry-cans, and out of those jerry-cans, 17 packets containing Heroin were recovered. Further on examining one more gunny bag, 17.250 Kgs of substance which was later found to be Heroin, was also recovered. Thereafter, on further search, blue colour gunny bag was recovered containing medicinal powder weighing 3.650 Kgs, suspected to be medicinal powder. Also, a powder was recovered weighing 2.750 Kgs, which was later on disclose as Acetic anhydride. The Panchnama was prepared at the spot and the said contraband was taken into custody. 8. On 27.04.2023, on the basis of the disclosure, the raiding team along with Delhi Police officials went to Razi Haider Zaidi's rented accommodation in Okhla Vihar, Jamia Nagar, New Delhi where the search of the house was conducted in the presence of family members of coaccused Razi Ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e transactions with the contraband, has to been examined at the stage of trial. 16. It is further submitted that the present Applicant has been granted bail in RC-VIII/39/DZU/2021 by a co-ordinate Bench of this Court vide Order dated 30.01.2025 which is an interconnected case with similar allegations of transaction of Rs. 11,500/-. 17. The Applicant-Azeem Ahmed was granted a clean chit by the prosecution in the state of Gujrat, where the Applicant was falsely implicated in a similar matter involving the co-accused Razi Hider Zaidi. As per the Investigating Agency, in the above said matter in Gujrat in the case of ATS, Third, Crime Registration No. 02/2022, it has been mentioned that no evidence has been found against the applicant Azeem Ahmed and he was discharged by the Hon'ble Court of Special Judge (N.D.P.S) of Kutch District, Bhuj-Kutch due to no evidence being found by the prosecution against the Applicant. 18. It is also submitted that the co-accused in case VIII/39/DZU/2021 namely Shamim Ahmed and Rajender Prasad Sharma have been granted bail by this Court vide Order dated 12.02.2024 in Bail Application No. 2840/2023 (Shamim Ahmed) and vide Order dated 10.04.2024 in B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,500/- on 16.06.2019 Rs. 35,000/- on 22.06.2019 and Rs. 11,500/- on 16.03.2022. A diary has also been recovered from Razi Haider Zaidi which contained Azeem's name. 27. It is submitted that Call Data Records and Customer Data Records reports confirm that the Applicant was in regular contact with other co-accused individuals to facilitate and conduct illegal drug trafficking activities. 28. It is further submitted that during the investigations, the Applicant Azeem Ahamed tendered his statement u/s 67 of the NDPS Act wherein he disclosed about his Firm i.e. QSA Infrastructure and a Garage in Uttarakhand, and about his bank details. Further, on 09.05.2022, another statement of Azeem was recorded u/s 67 of NDPS Act, wherein he disclosed that about Rs. 8 lakhs was transferred to Shahid through Razi Haider by hawala. It was also disclosed that sometimes he used the drug money for purchasing clothes, pearls etc. required by Shahid at Dubai for his business and same were sent to Shahid through his other associates/known persons to Dubai. He further disclosed that he managed a group on WhatsApp with the name QSA wherein they used to maintain details of the sale proceed of the drugs which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elieving that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence..." 33. Further, in State of Kerala v. Rajesh, (2020) 12 SCC 122, the Supreme Court while discussing the expression 'reasonable grounds' has observed as below: "20. The expression "reasonable grounds" means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. In the case on hand, the High Court seems to have completely overlooked the underlying object of Section 37 that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for." 34. As per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to grant bail on the grounds of violation of Fundamental Rights enshrined in Part III of the Constitution of India. 41. In the recent decision of Manish Sisodia v. Central Bureau of Investigation, 2023 SCC OnLine SC 139, the Apex Court reiterated that that right of liberty guaranteed under Article 21 of the Constitution of India is a sacrosanct right which needs to be accepted even in cases where stringent provisions are incorporated through special laws. It was held that prolonged incarceration before being pronounced guilty of an offence, should not be permitted to become punishment without trial. It was further observed that fundamental right of liberty provided under Article 21 of the Constitution is superior to statutory restrictions and reiterated the principle that "bail is the rule and refusal is an exception". 42. Considering the above-mentioned facts and in the light of the aforesaid discussion, the Petitioner is admitted to Regular Bail in FIR No. VIII/38/DZU/2021 under Sections 21/22/23/25/27A/29 of NDPS Act, 1985 upon his furnishing a personal bond in the sum of Rs. 50,000/- and one surety of the like amount to the satisfaction of the learned Trial Court, subject to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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