Preeti Chawla v. The State NCT of Delhi

1. The Petitioner has approached this Court for grant of regular bail in FIR No.248/2023 dated 18.10.2023, registered at Police Station Crime Branch, Delhi for an offence punishable under Sections 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act").

2. The facts of the case discloses that on 18.10.2023, a secret information was received at AGS/Crime Branch that one Lokesh Dhingra @ Loki along with his associates Mansher and Mukul @ Vivek are indulging in illegal import of Marijuana (American Ganja) from Dark web by ordering the same on different addresses and names. It is stated that one parcel reached at the post office and accused Mukul @ Vivek reached outside the address, received the parcel by showing a fake ID. It is stated that another parcel reached R.K.Puram Post Office. It is stated that on receiving the information, a raiding team was constituted and raid was conducted at R.K. Puram Post Office. At the post office, the Post Master confirmed the parcel to be in the Post Office and further stated that the same is about to be returned to the sender as it stands undelivered as the receiver was not found residing at the address. It is stated that, consequent to which, approval was sought from Senior Officers of Postal Department for inspection/seizure of the said parcel. It is stated that after necessary approval, the said parcel was opened in front of the Post Master and the same was found to contain 1593 grams of Marijuana (American Ganja) and the same was seized. It is stated that in the meantime, the Postman concerned came to the Post Office and stated the parcel belongs to one Vivek @ Mukul who had previously received the similar parcels via different persons on different address.

3. It is stated the during the investigation, attempt was made to intercept Lokesh @ Loki, Mansher and Vivek who were travelling in one Honda City car which was being driven by Mansher but when the Police tried to stop them, the car did not stop and both absconded. It is stated that raids were conducted but they were not treaceable. Non Bailable Warrants were issued against Mansher as well as Lokesh @ Loki and Vivek. It is stated that during investigation, two more parcels of accused persons were traced and the said two parcels were also seized and in which 3147 Grams of Marijuana (American Ganja) was found. It is stated that after issuance of Non Bailable Warrants, a Look Out Circular was also got issued against the accused persons.

4. It is stated that on 08.11.2023, information was received from Immigration Department, Mumbai Airport that accused Vivek @ Mukul, who had arrived from Thailand, has been arrested at Mumbai Airport and 05 days custody was obtained. It is stated that during custody, the accused Vivek @ Mukul disclosed that the syndicate is being run by one Lokesh @ Loki in association with one Mansher and one Shubham, who places the orders on Dark Web by making payments via bitcoins and other crypto currencies. It is stated that once the parcel clears Customs proceedings, a tracking number of the same was shared with Vivek @ Mukul and his role was to collect the parcels from Post Offices and send it via Porter App as per directions. It is stated that multiple phones with a SIM card issued on fake IDs by the syndicate was being issued for the purpose of all the communication. It is stated that all the Syndicate members used SIM cards issued on Fake IDs for communication. It is stated that once the parcels reached the accused, it was sold in the open market. Investigation further reveals that the co-accused Lokesh Dhingra and Mansher both were traced at Flat No.201, County Homes, Sector-64, Medawas, Gurugram, Haryana where they were hiding and it was found that the said flat belongs to the Petitioner herein i.e., Preeti Chawla. It is stated that the Petitioner's mobile phone was checked and a video was found dated 12.11.2023 i.e., on the day of Diwali. It is stated that in the said video accused Lokesh along with Mansher was found visible with the Petitioner herein at her house. The CDR Location of co-accused Mansher and Lokesh was checked and it was revealed that they were in the vicinity of the house of the Petitioner. Material on record further discloses that even on the day of arrest, the coaccused Mansher and Lokesh were there at the house of the Petitioner. Consequently, the present FIR has been registered against the Petitioner.

5. The Petitioner was arrested in the present FIR on 24.02.2024.

6. The Petitioner, thereafter, approached the Trial Court for grant of bail and the Trial Court vide Order dated 08.04.2024 rejected the bail application of the Petitioner primarily on the ground that the co-accused Mansher and Lokesh were residing at the house of the Petitioner and the matter is at the initial stage of investigation.

7. Material on record further discloses that the co-accused Lokesh Dhingra @ Loki was granted bail by the Trial Court vide Order dated 11.07.2024 primarily on the ground that the quantity involved is not commercial quantity.

8. It is also pertinent to mention that the bail application of another coaccused Mansher Singh was rejected by the Trial Court vide Order dated 30.05.2024 on the ground that the commercial quantity was involved.

9. Learned Senior Counsel appearing for the Petitioner contends that there is nothing on record to show the Petitioner's complicity with the business that was being done by Lokesh Dhingra @ Loki and Mansher Singh and the other co-accused persons. He contends that only the flat of the Petitioner was being used by the co-accused persons and that alone is not sufficient to implicate the Petitioner in the FIR. He states that in any event, co-accused Lokesh Dhingra @ Loki has been granted bail by the Trial Court on the ground that the quantity involved is not the commercial quantity and, therefore, the Petitioner herein is also entitled to bail on the same ground.

10. Per contra, learned APP appearing for the State submits that though only 4074 grams of Ganja has been recovered on the basis of which the chargesheet has been filed but the cumulative weight of all the 27 parcels is about 46340 grams which is way above the commercial quantity and, therefore, the Petitioner ought not to be granted bail as grounds of Section 37 of the NDPS Act will apply.

11. Material on record indicates that the total recovery is about 4074 grams of Ganja which is less than the commercial quantity and the chargesheet has been filed on the basis of recovery of 4074 grams of Ganja. The contention of the learned APP that about 27 parcels have been received and the cumulative weight of all the 27 parcels is about 46340 grams cannot be taken into account at this juncture for the purpose of grant of bail to the Petitioner because the quantity of Ganja that is now recovered at this juncture is 4074 grams and the chargesheet has been filed on the basis of the recovery of 4074 grams of Ganja which is less than the commercial quantity. It is open for the State to prove and substantiate in the trial that the cumulative quantity of Ganja is 46340 grams.

12. It is pertinent to mention that other than the fact that the co-accused Lokesh Dhingra @ Loki and Mansher was using the flat of the Petitioner and they were seen with the Petitioner together in a video on the day of Diwali, there is nothing on record to show that the Petitioner was even aware of the transactions. This Court is, therefore, inclined to grant regular bail to the Petitioner on the following conditions: a) The Petitioner shall furnish security in the sum of ₹1,00,000/with two sureties of the like amount to the satisfaction of the Trial Court/Magistrate/Duty Magistrate. b) The Memo of Parties indicates that the Petitioner is residing at R/o KG-1/79, Vikas Puri, Delhi. The Petitioner is directed to reside at the said address and she is directed not to move at her Flat No.201, County Homes, Sector-64, Medawas, Gurugram, Haryana where the co-accused persons were residing. c) The Petitioner shall not leave NCT of Delhi without prior permission of the concerned Court. d) The Petitioner is directed to attend all the proceedings before the Trial Court. e) The Petitioner shall report to the concerned Police Station every Monday, Wednesday and Friday at 10:00 AM and she should be released after completing all the formalities within an hour. f) The Petitioner is directed to give all her mobile numbers to the Investigating Officer and keep them operational at all times. g) The Petitioner is directed not to tamper with evidence. h) The Petitioner is directed to deposit her passport with the Trial Court. i) Violation of any of these conditions will result in the cancellation of the bail given to the petitioner.

13. With these directions, the bail application is disposed of along, with the pending applications, if any.

SUBRAMONIUM PRASAD, J AUGUST 30, 2024