Allowed

Sanjeev Singh Alias Neeraj v. Narcotics Control Bureau

Uttarakhand HC23 Oct 2021BA1/1014/2021

Case brief

AI extract

What is this about?

The Court allowed the first bail application of the applicant, Sanjeev Singh, in an NDPS case. The Court noted that the applicant had served over eight months in jail and granted bail on a personal bond with two sureties, without going into the merits of the case.

What did the court decide?

Releases the applicant on bail on executing a personal bond and furnishing two reliable sureties of like amount.

Sanjeev Singh Alias Neeraj Vs Narcotics Control Bureau — Narcotics (NDPS) | Uttarakhand HC (2021)

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SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			BA1 No.1014 of 2021 Hon’ble R.C. Khulbe, J. Mr. A.S. Rawat, Senior Advocate assisted by Ms. Divya Jain, learned counsel for the applicant. Mr. Shobhit Saharia, Advocate for the NCB. This is the first bail application moved on behalf of the accused– Sanjeev Singh @ Neeraj, who is in judicial custody in connection with NCB Crime No. 4/NCB/DDN/2021, u/s 8/21b/27A/29 of NDPS Act, registered at Police Station NCB Sub Zone, District Dehradun, has sought his release on bail. It is argued that the accused has been falsely implicated; he is languishing in jail since 22.02.2021; there is no recovery from him; he is ready to furnish the sureties and may be granted bail. He was implicated simply on the basis of statement of the co-accuseds Jyoti Saini and Charan Singh. Learned counsel for the NCB submitted that on 03.11.2020 Jyoti Saini was apprehended and 51 gram heroin was recovered from her possession. Her statement was recorded. She disclosed that she took contraband from Sanjeev Singh. She also disclosed the name of Charan Singh and as per the statement of Jyoti Saini, Charan Singh was arrested on 19.02.2021 and Sanjeev Singh was arrested on 22.02.2021. During the investigation, statement of accused Sanjeev Singh was recorded. A mobile phone was also recovered from his possession. In her statement co-accused Jyoti saini disclosed that the contraband article was supplied to her by one Neeraj and his associate Raju and also disclose the mobile number of Neeraj and Raju, as mentioned in the Counter in para no. 5. She also revealed the mobile number and name of accused Charan Singh alias Raju. On 19.02.2021, the NCB arrested accused Charan Singh alias Raju. His statement was also recorded. He also disclosed the name of Sanjeev Singhalias Neeraj.Accordingly on

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22.02.2021 present accused Sanjeev Singh was
arrested. Two mobile phones disclosed by Jyoti
Saini were also recovered from his possession.
There was a call detail of Charan Singh and Jyoti
Saini. The main supplier was Sanjeev Singh who
was the king pin of the case. Accordingly he is not
entitled for bail.
Admittedly Jyoti Saini was arrested on
03.11.2020 and 51 gram smack was recovered from
her possession. On 19.02.2021, Charan Singh was
arrested and 180 gram heroine was also recovered
from his possession. His bail application is also
pending. As per recovery, it is clear that 51 gram
heroine was recovered from Jyoti Saini and 180
gram heroine was recovered from Charan Singh
respectively. The above contraband article does not
come within the definition of commercial quantity.
Although the two cases related to the theft are
pending against the present accused but there is no
criminal history regarding the NDPS against the
present accused. Although two mobiles were
recovered from his possession as mentioned in para
no. 5 of the Counter affidavit. Call detail between
Charan Singh and Jyoti Saini is also related to
NDPS Act but there is no recovery from his
possession. The above contraband article recovered
from Jyoti Saini and Charan Singh does not come
within the purview of the commercial quantity. The
accused has already served more than eight months
in jail, accordingly without going into the merits of
the case, it is a fit case for bail at this stage.
The first bail application is thus, allowed and
the applicant is directed to be released on bail on his
executing a personal bond and furnishing two
reliable sureties, each of the like amount, to the
satisfaction of the Court concerned.
Pending application, if any, stands disposed
of.
(R.C. Khulbe, J.)
23.10.2021

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Nahid

Sanjeev Singh Alias Neeraj v. Narcotics Control Bureau

Case brief

What is this about?

What did the court decide?

Sanjeev Singh Alias Neeraj v. Narcotics Control Bureau

Case brief

What is this about?

What did the court decide?

What the court decided

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