New Delhi [India], November 5 : Tis Hazari Court has recently rejected the bail plea of accused Bharat Kumar who allegedly had come to Delhi from Mumbai to collect contraband from co-accused Tushar Goyal on the instructions of absconded co-accused Vikas Mane.
A cropped photo of accused and photo of 10 rupee currency note were found in the mobile phone of co-accused Tushar Goyal and accused Bharat. Both photos were shared as a token of identity in a bollywood movie style.
Special judge (NDPS) Virender Singh rejected the bail plea after considering the circumstances and submissions made by the counsels for accused and Delhi police.
" In my considered opinion and owing to the given facts and circumstances of the case, I am not inclined to grant bail to the accused at this stage," Special Judge said in the order on October 25.
While rejecting the bail plea, the court observed, " The T-shirt weared by the accused in the photograph and 10 rupee currency note were recovered during investigation and location of the accused Bharat Kumar was also found near the godown in Mahipalpur at the time of raid, which was conducted 01/02.10.2024."
"Thus huge quantity of Cocaine and Mephedrone as well as Hydroponic Marijauna has been recovered during the investigation of this case and the accused is prima facie found involved in the present case," Special judge
The counsel for the accused submitted that allegedly, one photo of a 10-rupee currency note was sent to co-accused Vikas Mane by the accused, Bharat Kumar. He further submitted that there is not any chat between the accused and other co-accused persons regarding any delivery to be taken of the case property. He also submitted that there was no money transaction between the accused and the other co-accused persons.
It was also submitted that there is no direct link between the applicant/accused and the other co-accused persons, and the accused, namely Ravinder Singh, has already been granted bail by this Court.
The accused has been in judicial custody since 02.10.2024. Applicant/ accused is not involved in any other case till date. The investigation is already complete, and the charge sheet has been filed. Counsel further submitted that the wife and son of the accused are handicapped and they are dependent upon him.
On the other hand, the bail plea was opposed by Special Public Prosecutor (SPP) Akhand Pratap Singh and Investigation officer.
They further submitted that one photo of a 10-rupee currency note, as well as one photo of the accused, was recovered from the mobile phone of co-accused Tushar Goyal. Thereafter, at the instance of co-accused Tushar Goyal, accused Bharat Kumar was apprehended, and a 10-rupee currency note was recovered from his possession.
The prosecution further submitted that the accused was wearing the same clothes, which were worn by him in the photograph recovered from the mobile phone of the accused, Tushar Goyal. It was also submitted that a photo of a 10-rupee currency note, as well as a photograph of himself, was sent by the accused to co-accused Vikas Mane, who has been declared a proclaimed offender.
Thereafter, accused Vikas Mane sent the said photograph to the Head of Syndicate, i.e., accused Virender Singh Baisoya alias Viru, and then he sent this photograph to accused Tushar Goyal, the Prosecution alleged.
It was also submitted that this process took place within 15/20 minutes of arrest of accused persons on 01.10.2024. They further submitted that accused Bharat was available around 200 meters away from the godown from where firstly, part of psychotropic substance was recovered.
They also submitted that commercial quantity of psychotropic substance i.e. total 1290.967 Kg. Cocaine/ Mephedrone and 39.706 Kg. Hydroponic Marijuana was recovered; therefore, Section 37 of the NDPS Act is applicable.
According to the prosecution, on 01.10.2024, acting on secret information, three accused persons, namely Himanshu Kumar, Tushar Goyal, and Aurangzeb Siddiqui, were apprehended. Cocaine/ Mephedrone weighing 5.640 Kg, 5.240 Kg, and 5.220 Kg, respectively, were seized. Respectively was recovered from their possession. Thereafter, on their instance, a huge consignment of 547 kg of Cocaine and 39.706 kg of hydroponic material was also seized.