9911796707
TMI Blog2025 (5) TMI 563X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1985") at Police Station Directorate of Revenue Intelligence (hereinafter referred to as "DRI"). 2. It is submitted that the petitioner is in the jail from 20-8-2015, except the interim bail period in which he was released. 3. Briefly stated, the DRI Officers had conducted various search operations at number of places on 19-8-2015 and 20-8-2015 which led to recovery of contraband substances i.e., psychotropic and controlled substances. 4. As per the case of the DRI, 250 kgs. of Pseudo Ephedrine Hydrochloride - a controlled substance was recovered and seized on 19-8-2015 from M/s. Lakshaya Traders, Shakarpur, Delhi which was clandestinely and fraudulently removed from G.T. Biopharma Pvt. Ltd. on 17-8-2015. 5. It is further claimed tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , even though he had never dealt with these substances either in diversifying or misusing the substances and solely due to non-availability of the owner of the factory who is still absconding. 9. It is submitted that the petitioner was brutally tortured during his illegal custody by the Officers of the DRI and his confession was obtained which was dictated by the Officers of DRI under threat, even though there was nothing incriminating recovered from his possession or at his instance. The petitioner has already retracted from his confessional statement. 10. It is further asserted that he was working as a Production Chemist while accused No. 7-Sanjay Bhartiya and one Mukesh Bhasin were the two Directors of M/s. G.T. Biopharma Pvt. Ltd. Muk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed persons and thus, the petitioner is entitled to be released on regular bail. 13. It is further submitted that no fruitful purpose would be served by keeping him in jail for an indefinite period. 14. The petitioner has taken a ground that delay in trial entitles the petitioner to bail. There are 53 prosecution witnesses, out of which the testimony of only 17 witnesses has been recorded in the past nine years and the trial would take a long time to get concluded. Therefore, it is submitted that the regular bail be granted to the petitioner. 15. The petitioner has placed reliance on the decision in Rabi Prakash v. The State of Odisha, Special Leave to Appeal (Criminal) No. 4169/2023, wherein the Apex Court held that the prolonged incarce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e complaint which is a matter of record. The investigations have revealed that there was a conspiracy hatched at Delhi in the year 2014 amongst the accused persons operating the individual business at different places to indulge in illegal trade of controlled substances under the cover of their individual legal business. 20. It is further submitted that the averments of the petitioner that he is a victim and had not committed any offence are baseless and tantamount to misrepresentation of facts. 21. The petitioner was the Manager-cum-Chemist of M/s. G.T. Biopharma Pvt. Ltd. who had been roped in by Sanjay Kumar, the Director of the Company in the execution of the criminal conspiracy. The petitioner was all along aware of the controlled su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in, 2001 SCC (Crl.) 351 and Intelligence Officer, Narcotics C. Bureau v. Sambhu Sonkar & Anr., 2001 SCC (Crl.) 346. 27. The respondent has further placed reliance on the decision in State of Punjab v. Balbir Singh and Arvind Yadav to submit that these are issues of trial which cannot be considered at the time of consideration of the Bail. 28. Therefore, the present bail petition has been vehemently opposed. 29. Submissions heard. 30. It is not in dispute that the petitioner is judicial custody from 20-8-2015 and out of 53 prosecution witnesses, the testimony of 17 witnesses has been recorded so far in the last nine years. 31. Moreover, the accused persons, namely, Vishal Chaudhary (accused No. 4), Yogesh Shah (accused No. 5), IPS Chawa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their wife/surety to the IO concerned, both of which shall be kept in working condition at all times and they shall not change the mobile numbers without prior intimation to the Investigating Officer concerned; (d) Petitioner shall inform the IO and the Jail Superintendent the address where he shall be available in Delhi; (e) Petitioner shall remain 100 meters away from the complainant; (f) Petitioner shall not leave the country without prior permission of the Learned Trial Court and shall surrender their passport, if any, before the Learned Trial Court; (g) Petitioner shall not try to contact, threaten or influence any of the witnesses o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
