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Manju v. the State Govt. of NCT of Delhi

Delhi HC21 Jan 2025BAIL APPLN./4230/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted, Delhi High Court, Bail Appln. 4230/2024, Jasmeet Singh J., 21.01.2025; FIR No. 354/2024 dated 30.09.2024, Sections 8/20 NDPS Act, P.S.-Chhawla; recovery of 1.711 kg ganja and 0.026 kg pouches from accused Sanjay; petitioner implicated only in disclosure statement, no recovery from petitioner, no corroborative evidence; cousin permitted to stay without rent agreement; lady petitioner with clean antecedents; joined investigation during interim protection; bail on personal bond of Rs. 10,000/- with one surety.

What did the court decide?

Conditional anticipatory bail: upon arrest in FIR No. 354/2024, the petitioner is to be released on bail on furnishing a personal bond of Rs. 10,000/- with one surety of the like amount, subject to joining and cooperating with the investigation as and when directed by the IO.

Manju Vs the State Govt. of NCT of Delhi — Narcotics (NDPS) | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is named only in the disclosure statement of the arrested accused Sanjay, in FIR No. 354/2024 dated 30.09.2024 under Sections 8/20 NDPS Act registered at P.S.-Chhawala.

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Court's answer

There is no recovery from the petitioner; she is named only in the disclosure statement of Sanjay, without any corroborative evidence against her.

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Ratio / Principle

As regards the non-production of the rent agreement, since Sanjay is the cousin of the petitioner, it can prima facie be accepted that she permitted him to reside in her property without payment of rent.

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Key takeaways

The petitioner is a lady having clean antecedents with no other criminal case pending against her.ratio¶19
The petition is allowed: subject to the petitioner joining and cooperating with the investigation as and when directed by the IO, in the event of her arrest in FIR No. 354/2024 she shall be released on bail on furnishing a personal bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the concerned IO.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Jasmet Singh, J.) allowed an anticipatory bail application in FIR No. 354/2024 dated 30.09.2024 under Sections 8/20 NDPS Act, P.S.-Chhawla. The petitioner, Manju, was implicated only through the disclosure statement of the arrested accused Sanjay (from whom 1.711 kg of ganja and pouches weighing 0.026 kg were recovered), with no recovery from the petitioner and no corroborative evidence. The Court prima facie accepted that, Sanjay being her cousin, she had permitted him to stay in her house without a rent agreement, and noted her clean antecedents. Subject to joining and cooperating with the investigation as and when directed by the IO, she was directed to be released on bail on arrest, on a personal bond of Rs. 10,000/- with one surety of the like amount.

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 4230/2024 & CRL.M.A. 34713/2024 MANJU .....Petitioner Through: Mr Arun Bhardwaj, Sr. Adv. (through VC) with Ms Usha Sharma and Ms Janak Tyagi, Advs.

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versus

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THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Ms Priyanka Dalal, APP for State

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 21.01.2025

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This is a petition seeking grant of anticipatory bail in FIR No. 354/2024 dated 30.09.2024 under Sections 8/20 NDPS Act registered at Police Station-Chhawala.

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As per the status report, on 30.09.2024 information was received from secret informer that one person named Sanjay is selling narcotics at Khasra No. 47, Gali No. 5, Samata Enclave, Chhawla, New Delhi and could be caught red handed if raid is conducted. Accordingly, a raiding team was constituted and at 05:00 p.m. the raiding team arrested Sanjay. (For the sake of brevity, the arrest procedure is not being described as the same is not relevant for the purpose of deciding this petition.)

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On search of the accused Sanjay, 1.711 kg of ganja was recovered from search of a poly-bag being carried by him and seven other pouches were found weighing 0.026 kg from his pocket. Hence, the accused Sanjay

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:18:50

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was arrested from the property described above.

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In the disclosure statement of Sanjay, he stated that the petitioner supplied ganja to him for further sale.

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Hence, the present petition.

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Ms Dalal, leaned APP states that the petitioner has not given copy of the rent agreement between petitioner and Sanjay and it seems that she is the source.

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Mr Bhardwaj, learned counsel for the petitioner states that Sanjay is the cousin of the petitioner and was permitted to stay in the house of the petitioner without there being any rent agreement only for a few weeks. However, the petitioner was totally unaware of the conduct or the dealing in contraband by the accused Sanjay.

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I have heard the learned counsel for the parties.

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In the present case, there is no recovery from the petitioner. The petitioner is only named in the disclosure statement of Sanjay without there being any corroborative evidence.

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As regards the non-providing of the rent agreement by the petitioner is concerned, Sanjay being the cousin of the petitioner, it can prima-facie be accepted that the petitioner had permitted Sanjay to reside in the property without payment of rent.

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The petitioner is a lady having clean antecedents with no other criminal case pending against her.

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Pursuant to the interim protection granted to the petitioner, the petitioner has joined investigation and will give all the documents in her power and possession, if not already given.

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For the said reasons, I am inclined to allow the petition.

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Subject to the petitioner joining and cooperating with the investigation as and when directed by the IO, it is directed that in the event of arrest of the petitioner in FIR No. 354/2024 dated 30.09.2024 under Sections 8/20 NDPS Act registered at Police Station-Chhawala, she shall be released on bail on her furnishing personal bond in the sum of Rs. 10,000/with one surety of the like amount to the satisfaction of the concerned IO.

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