Ajay Kumar vs. State Of Haryana
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The petitioner, Ajay Kumar, sought regular bail in FIR No. 265 dated 04.10.2022, registered under Sections 22-C and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station BPTP, District Faridabad. The prosecution alleged that co-accused Rohit Chandila was apprehended with 1600 Buprenorphine injections. Rohit Chandila's disclosure statement implicated Manoj Tiwari @ Shaddab, who in turn implicated the petitioner, Ajay Kumar. The petitioner was alleged to have booked a courier containing 1492 Buprenorphine injections from Patna to Faridabad for Rohit Chandila. The courier receipt and the statement of the courier company's Branch Manager supported the prosecution's claim that the petitioner booked the consignment, providing his identity proof. The petitioner was arrested on 10.10.2022 and also allegedly made a disclosure statement admitting to dispatching contraband. Samples confirmed the presence of Buprenorphine.
Held
The Court dismissed the bail petition. The petitioner was found to have booked a parcel containing 1492 Buprenorphine injections from Patna to be delivered to co-accused Rohit Chandila in Faridabad. The petitioner's involvement was supported by the disclosure statement of co-accused Manoj Tiwari @ Shaddab, who used to instruct the petitioner to book parcels. Furthermore, the Branch Manager of Trackon Courier confirmed that the petitioner booked the parcels. The courier receipt explicitly showed the petitioner as the sender from Patna to Faridabad for Rohit Chandila. While the petitioner possessed a license to sell, stock, or distribute drugs, he failed to provide any bills to demonstrate a legitimate sale of the intoxicating tablets to Rohit Chandila. Considering these facts, the large quantity of recovered intoxicating tablets booked by the petitioner for the co-accused, and without commenting on the merits of the case, the Court was not inclined to grant regular bail.
Key Issues
1. Whether the petitioner is entitled to regular bail under Section 439 CrPC, considering the allegations of involvement in the drug trade and the quantity of contraband recovered? Petitioner's arguments: The petitioner contended that he was falsely implicated based on fabricated disclosure statements. He claimed to be a resident of Motihari, Bihar, working as a Medical Representative and distributor of medicines since 2012, possessing a drug license and GST registration. He argued that the courier receipt did not bear his signature and that his personal details might have been misused. He also highlighted that he had been in custody since 10.10.2022, co-accused Manoj Tiwari @ Shaddab had been granted bail, and the trial would likely be lengthy. He also stated he was not involved in any other case. Respondent's (State of Haryana) arguments: The State strongly opposed the bail petition, asserting that the petitioner was involved in the drug trade and used courier services to send intoxicating injections to co-accused Rohit Chandila. The State relied on the courier receipt, which it claimed clearly indicated the petitioner booked the courier in Rohit Chandila's name, and that the petitioner's mobile number was also mentioned. The statement of the courier company's Branch Manager was also cited as evidence. The State emphasized the huge quantity of contraband booked by the petitioner and noted that the bail petition of co-accused Rohit Chandila had already been rejected.
Sections Cited
Section 439 CrPC, Sections 22-C, 29 NDPS Act
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
of this document/order
CRM-M-8337-2024
respondent-State.
1 As per the prosecution version, on 04.10.2022, on the basis of secret information received by the police party, co-accused Rohit Chandila of village Badoli (Faridabad) was apprehended near California Society, Faridabad. A bag containing 16 boxes, with each box containing 100 Buprenorphine injections, i.e. 1600 injections of 2 ml. each, was recovered from him. Same were taken into possession after making necessary statutory compliances.
2 During interrogation, said co-accused Rohit Chandila suffered disclosure statement nominating one Manoj Tiwari @ Shaddab, who used to send the intoxicating injections to him through online courier from Patna. He also disclosed that said Manoj Tiwari @ Shaddab had sent him a courier of 1700 injections on 26.09.2022, received by him on 30.09.2022, out of which he had already sold 100 injections and that on the date of his apprehension, the remaining 1600 injections were recovered from him.
3 Based upon the said disclosure statement of co-accused Rohit Chandila, co-accused Manoj Tiwari @ Shaddab was arrested on 06.10.2022 from Panchkula. He suffered disclosure statement on interrogation, admitting to have sent courier containing 1700 injections of Buprenorphine to co-accused Rohit Chandila through Trackon Courier. He further disclosed that on his instructions, one Ajay Kumar (petitioner) had sent one more courier of Buprenorphine injections to Rohit Chandila Page no.2 out of 6 pages Sarita Rani 2024.05.24 06:32 I attest to the accuracy of this document/order
CRM-M-8337-2024
through Trackon Courier, which he was to be received in Faridabad. Said co-accused Manoj Tiwari @ Shaddab led the police party to the courier company at Faridabad, resulting into the recovery of a box containing 1492 intoxicating injections of Buprenorphine of 2 ml. each, which were meant to be delivered to Rohit Chandila and which had been booked by petitioner – Ajay Kumar through Trackon Courier from Patna to Faridabad. Statement of Raj Kumar Rana, the Branch Manager of Trackon Courier was recorded, who verified that consignment of the illegal contraband had been sent by petitioner – Ajay Kumar from Patna to Faridabad. Copy of the said statement is Annexure R-1. Said Raj Kumar Rana also provided copy of the receipt and consignment tracking report, revealing that it is the petitioner – Ajay Kumar, who had sent the contraband through a courier to Rohit Chandila. The copy of said consignment booking receipt and consignment Track report are Annexure R-2 (colly). Petitioner had also provided his identity proof such as Aadhar Card and Pan Card at the time of booking of the consignment.
4 Further prosecution case is that petitioner was arrested on 10.10.2022. On interrogation, he suffered disclosure statement and admitted his guilt to the effect that he used to dispatch contraband by booking parcel from Patna to co-accused Rohit Chandila at Faridabad.
5 The samples of the drugs, as earlier recovered from co- accused Rohit Chandila; and that as recovered at the instance of Manoj Page no.3 out of 6 pages Sarita Rani 2024.05.24 06:32 I attest to the accuracy of this document/order
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Tiwari @ Shaddab, which had been booked by petitioner – Ajay Kumar, were sent to FSL. In both the samples parcels, Buprenorphine was detected.
1 It is contended by learned counsel that petitioner has been falsely implicated on the basis of false and fabricated disclosure statement Manoj Tiwari @ Shaddab; that petitioner was arrested from Motihari, Bihar on the allegations that he had sent the alleged intoxicating injections to co-accused Rohit Chandila through Trackon courier from Patna to Faridabad; and that petitioner even did not know co-accused Rohit Chandila. It is contended that petitioner is resident of Motihari, doing work of Medical Representative at East Champaran in Bihar and distributor of supplying the medicines in his area ever since 2012, having a license issued by the Licensing Authority (Drug Control Administration) East Champaran, Motihari, as well as GST registration certificate, copy of which is Annexure P-4. Learned counsel contends further the courier receipt, relied upon by the State does not bear the signatures of the petitioner, so as to connect him with the crime. It is contended that mobile phone number of the petitioner and copy of his identity documents have been misused by someone at the time of booking of the courier.
2 Learned counsel for the petitioner further contends that petitioner is in custody ever since 10.10.2022; that co-accused Manoj Tiwari @ Shaddab has already been allowed bail by this Court vide order Page no.4 out of 6 pages Sarita Rani 2024.05.24 06:32 I attest to the accuracy of this document/order
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dated 21.07.2022 passed in CRM-M-30099-2023; that petitioner is not involved in any other case; and that trial may take long time to conclude.
Strongly opposing the bail petition, learned State counsel contends that petitioner is in the drug trade, who used to send the intoxicating tablets through the courier company to co-accused Rohit Chandila. Learned State counsel has drawn attention towards the courier receipt (Annexure R-2), clearly indicating that it is the petitioner, who had booked the courier in the name of co-accused Rohit Chandila. Even the mobile number of petitioner is duly mentioned on the courier receipt. The statement of Branch Manager of the Trackon Courier Pvt. Ltd. also shows that it is the petitioner, who had booked courier for co-accused. By drawing attention towards the fact that huge quantity of intoxicating contraband was booked by the petitioner through courier company, as has been recovered in this case, prayer is made for rejecting the bail petition. Learned State counsel also points out that bail petition of co-accused – Rohit Chandila has already been rejected by this Court vide order dated 01.04.2024 passed in CRM-M-63445-2023. 7. I have considered submissions of both the sides and have also appraised the record.
Petitioner is found to have booked a parcel containing 1492 intoxicating tablets of Buprenorphine from Patna for delivering the same to co-accused Rohit Chandila at Faridabad. The name of the petitioner Page no.5 out of 6 pages Sarita Rani 2024.05.24 06:32 I attest to the accuracy of this document/order
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surfaced not only in the disclosure statement of co-accused Manoj Tiwari @ Shaddab, at whose instance, petitioner used to book the parcel, but even Raj Kumar Rana, Branch Manager of Trackon Courier confirmed that it is the petitioner, who used to book the parcel. The courier receipt (Annexure R-2) clearly indicates that it is the petitioner, who had booked the parcel through courier company in the name of co-accused – Rohit Chandila from Patna for delivering to Faridabad. No doubt that petitioner has been issued a license (copy Annexure P-4) to sell, stock or exhibit for sale or distribute the drugs as per license (Annexure P-4), but petitioner has failed to place on record any bill so as to show sale of the intoxicating tablets to Rohit Chandila, to whom he had sent the parcel.
Having noticed the aforesaid facts and circumstances and the huge quantity of intoxicating tablets as recovered in this case, which had been booked by the petitioner for co-accused – Rohit Chandila, but without commenting anything further on the merits of the case, this Court is not inclined to grant benefit of regular bail to the petitioner. Dismissed. May 24, 2024
(DEEPAK GUPTA) Sarita
JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Page no.6 out of 6 pages Sarita Rani 2024.05.24 06:32 I attest to the accuracy of this document/order
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.