By Dhiraj Beniwal
New Delhi [India], October 28 : A Delhi Court has refused to grant bail to an accused from whose possession 5.2 kg of cocaine was recovered. Acting on his and his co-accused's disclosure, the police had earlier seized more than 547 kg of cocaine from the national capital in October 2024.
According to the prosecution, on October 1, 2024, acting on secret information, accused Tushar Goyal, Himanshu Kumar and accused Aurangzeb Siddiqui were apprehended, and Cocaine/Mephedrone weighing 5.640 Kg, 5.240 Kg, and 5.220 Kg, respectively, were recovered from their possession. Thereafter, on their instance, a huge quantity of 547 Kg of Cocaine/ Mephedrone and 39.706 Kg of Hydroponic were recovered from the Mahipal area of Delhi.
Special Judge (NDPS) Virender Singh rejected the bail plea of the accused Aurangzeb Siddiqui, citing the serious nature of the allegations against him and the recovery of a commercial quantity of narcotics.
"It is well settled that the nature and gravity of accusation, severity of the punishment, danger of the accused absconding, reasonable apprehension of the witnesses being influenced, prime facie case against the accused, danger to society, etc., are factors which have to be kept in mind while exercising powers for grant of bail," the court noted.
"In my considered opinion and owing to the given facts and circumstances of the case, I am not inclined to grant bail to the applicant/ accused at this stage," Special Judge Virender Singh observed in the order dated October 25.
Counsel for the accused argued that Siddiqui was falsely implicated in this case. He further submitted that, as per the prosecution, the accused is the driver of Subhash Goyal, the father of the co-accused Tushar Goyal.
The counsel further argued that the possession of a psychotropic substance itself is not incriminating evidence in the absence of the required animus. The accused did not have any knowledge about the contents of the alleged packets in his hands; therefore, he cannot be said to be in conscious possession of the alleged psychotropic substance, the counsel added.
The bail plea, however, was opposed by the Special Public Prosecutor and the Investigation officer.
They submitted that the accused was the driver of the father of the co-accused, Tushar Goyal; however, he is very much involved in the present case, and he knew about the contraband.
It was further submitted that 5.220 Kg. Cocaine/Mephedrone was recovered from the possession of the accused, which is a commercial quantity. The accused had knowledge of a psychotropic substance recovered from his possession.
The Delhi Police Special Cell had filed a charge sheet in Patiala House Court in June 2025.