MANJULA vs STATE OF NCT DELHI

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15.04.2025
+ BAIL APPLN. 3645/2024
MANJULA …..Petitioner
Through: Mr. Kuldeep Naagar, Advocate
versus
STATE OF NCT DELHI …..Respondent
Through: Ms. Richa Dhawan, APP for State with Inspector Niraj Kumar, PS Sarita Vihar, Inspector D.K. Tejwan, PCR Unit & SI Ravi Yadav, PS Lajpat Nagar

CORAM: JUSTICE GIRISH KATHPALIA

J U D G M E N T (ORAL)
1. The accused/applicant seeks anticipatory bail in case FIR No. 297/2024 of PS Lajpat Nagar for offence under Section 20 NDPS Act. Broadly speaking, the case set up by prosecution is as follows. On 25.07.2024 at 05:30pm, on the basis of secret information, raid was conducted in the jhuggi of the accused/applicant and since she was not present there, lock of the jhuggi was broken by the IO. Inside the jhuggi, the raiding team found one weighing machine and three QR Codes pasted on a wall. The raiding team also found in the jhuggi total 3.69 kg of ganja and cash amount of Rs.10,620/-. All the recovered articles were seized by the Investigating Officer after converting the same into cloth pulandas.

2. As reflected from proceedings conducted before the predecessor bench, the accused/applicant was not found at her jhuggi at the time of the alleged raid because she had flown to Chennai a day before the alleged raid since her husband had passed away.

3. On behalf of accused/applicant, it is contended that she is innocent and has been falsely implicated in this case. It is contended that nothing incriminating was recovered from possession of the accused/applicant or at her instance.

4. On the other hand, the learned prosecutor accompanied with the IO/ SI Ravi Yadav opposes the bail application on the ground that investigation is in the process and son of the accused/applicant is absconding. Learned prosecutor also submits that custodial investigation is necessary in this case in order to unearth the complete network of supply of the contraband.

5. The quantity of ganja allegedly recovered from jhuggi of the accused/applicant in her absence is not a commercial but an intermediate quantity. Admittedly, the QR Codes recovered during the alleged raid pertain to bank accounts held not by the accused/applicant, but by her son. Also admittedly, there has been no money transaction involving the accused/applicant.

6. In order to ascertain the sanctity of the alleged raid, which was conducted in the absence of the accused/applicant, I examined the investigation file. The seizure memos, which were admittedly prepared prior to the registration of the FIR surprisingly bear FIR numbers, which creates doubt about genuineness of the exercise. More significantly, it is found that all Case Diary proformas in the file of the Investigating Officer are blank. It is the Case Diary, which lends credence and authenticity to the steps carried out during investigation. Blank Case Diary proformas also create suspicion about genuineness of the alleged raid. However, a cautious rider must be placed at this stage that these observations are only prima facie in nature, recorded for the limited purposes of ascertaining the issue of liberty of the accused/applicant and the same are yet to be tested through trial.

7. Considering the above circumstances, the application is allowed and it is directed that in the event of her arrest the accused/applicant shall be released on bail subject to her furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO. The accused/applicant shall join investigation as and when directed by the IO in writing.

GIRISH KATHPALIA
(JUDGE)
APRIL 15, 2025/as

BAIL APPLN. 3645/2024 Page 3 of 3 pages