Neeraj Kumar v. State Govt. Of NCT Of Delhi

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4090/2024, CRL.M.A. 33719/2024 and CRL.M.A. 33839/2024 NEERAJ KUMAR .....Petitioner Through: Mr.Aditya Aggarwal, Mr.Naveen, Ms.Kajol Garg and Mr.Mohd. Yasir, Advocates versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Laksh Khanna, APP for State with Insp.Sanjay Kaushik

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 12.11.2024 1.

By way of present application, the petitioner/applicant seeks regular bail in FIR No.82/2023 registered under Sections 20/25/29 of NDPS Act at P.S. Crime Branch, Delhi.

2.

Learned counsel for the applicant submits that though the earlier bail applications were dismissed on 30.04.2024 and 12.08.2024, respectively, the concerned I.O. has since been examined and his testimony is placed on record. A reading of the said testimony would show that the applicant did not have knowledge that the car he was driving had ganja concealed in the boot space. It is further submitted that the applicant was merely a driver. 3.

Learned APP for the State has opposed the present bail application. He submits that the incident pertains to 01.04.2023, when on secret information, a car (Toyota Corolla No. UP65Z4626) driven by the applicant was stopped and the boot space of the car was found to be containing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2024 at 12:29:01

concealed substance. On further checking, 52 kg of ganja was recovered, which is commercial in quantity.

4.

At this stage, the presumption is against the applicant under Section 54 of the NDPS Act as the quantity seized is commercial in nature. 5.

In view of the above, I find no ground to entertain the present bail application. Accordingly, the same is dismissed alongwith the pending applications.

MANOJ KUMAR OHRI, J NOVEMBER 12, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2024 at 12:29:01