BA.No.674/2023
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NDPS.RA.882-2023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.674 OF 2023
IN
NDPS REMAND APPLICATION NO.882 OF 2023
CNR NO.MHCC02-011872-2023
Arjun Lalji Gupta
Age-22 years, Occ.-Driver,
Residing at Room No.6, Ram Rahim
Chawl, Shirdi Nagar, Achole Road,
Nalasopara (East), Palghar,
Maharashtra-401209.

.. Applicant/Accused.

VERSUS
The Union of India
(Through Directorate of Intelligence Unit,
Mumbai Zonal Unit, Mumbai, vide
F.No.DRI/MZU/C/INT-75/2023.)
.. Respondent.
Advocate Mr. Mithilesh Mishra for the Applicant/Accused.
SPP Mr. Munde for DRI/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(Court Room No.42)
DATE : 18th April, 2024.
ORDER
1.

This is an application for bail by accused No.1 Arjun Lalji Gupta
who
is
arrested
by
the
officers
of
the
DRI
MZU
in
File
No.DRI/MZU/C/INT-75/2023 for offences punishable under Section
8(c) read with Sections 21(c), 22(c), 27A, 28, 29 and 30 of the
Narcotic Drugs and Psychotropic Substance Act, 1985, (for short, ‘NDPS
Act’).

BA.No.674/2023
2.

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NDPS.RA.882-2023
Heard the Counsel for the Accused and SPP for DRI. Perused the
say.
3.

The accused Arjun who has been arrested by DRI would submit
that he is an innocent person and his identity card and Aadhar Card
were misused to falsely implicate him in the present offence.
Considering that he has been falsely implicated and his identity
documents were misused. He is entitled to be released on bail.
4.

The facts of the case which are necessary to consider the bail
application are as follow:
On 28.6.2023 the Intelligence Officer of DRI received a secret
information that narcotic substance was likely to be concealed in a
parcel having a particular way bill number and the said samples would
be arriving in the name of one Arjun Gupta. The information was
reduced into writing and as per the directions of the Senior Intelligence
Officer, a team of officers proceeded to the Air Cargo Complex at Sahar
Andheri East.

The parcel was located in presence of the panch
witnesses the parcel was opened.

It was found that 500 grams of
Cocaine was concealed in the parcel.

The parcel was sent by one
Gheiner Rivera Naranjo of Costa Rica. It was addressed to one Arjun
Gupta having phone number 918448607439.
5.

The officers of DRI obtained permission for controlled delivery.

Accordingly, a controlled delivery was made through the Courier
Service
Agency.

The
person
who
answered
the
phone
No.918448607439, identified herself as Poonam Sharma and refused to
accept the parcel. Thereafter, the officers called up the number given
BA.No.674/2023
in the KYC.

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NDPS.RA.882-2023
The person who answered the call asked the courier
agency to deliver the parcel at a particular location. The applicant was
apprehended when he accepted the controlled delivery after verifying
the details on the parcel.
6.

The aspect of controlled delivery and apprehension of the
applicant while receiving the controlled delivery is not disputed. The
only facts which is disputed that the documents of KYC were misused.
7.

The applicant has relied on the ratio in the case of Krishna
Murari Prasad s/o Late Rajendra Prasad in Criminal Bail Application
No.3115 of 2022. The ratio in the case would not be applicable to the
present set of facts. The person who is stated to have master minded
the import of contraband has been arrested.

His name is given as
Samson Okro.
8.

At the outset, there is nothing placed on record by the applicant
to show that his KYC documents were lost.

Secondly, he was
apprehended while accepting the controlled delivery.

What can be
culled out is that the documents used for booking the parcel stand in
the name of the applicant and it was the applicant who was arrested
while accepting the controlled delivery. This indicates his prima facie
involvement in the offence.

Further, the seized contraband is a
commercial quantity hence, bar of Section 37 of the NDPS Act would
arise. The applicant is unable to demonstrate that he has satisfied the
narrow parameters of Section 37, and established that there are
reasons to believe that he is not guilty of the offence.
following order is passed:
Hence, the
BA.No.674/2023
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NDPS.RA.882-2023
Order
1.

Bail Application No.674 of 2023 stands rejected.

2.

Bail Application No.674 of 2023 in NDPS Remand Application
No.882 of 2023 is disposed of.

Date : 18.04.2024
Dictated on
: 18.04.2024
Transcribed on : 19.04.2024
HHJ signed on : 19.04.2024
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

BA.No.674/2023
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NDPS.RA.882-2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20.4.2024/2.31 p.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 18.04.2024
ORDER
JUDGMENT/ORDER signed by P.O. on
19.04.2024
JUDGMENT/ORDER uploaded on
20.04.2024