Mirza Ansari v. The State (NCT of Delhi)

1. This is a petition for interim bail moved by the applicant in case FIR No. 0022/2022 under Sections 20/25 of NDPS Act, 1985 which was registered on 26.02.2022 at PS Crime Branch on the ground is that wife of the petitioner/applicant is 8 months’ pregnant and she needs proper attention and care. Medical documents of the wife of the applicant have been attached with application. 1.[1] It has been submitted that family of the petitioner/applicant is residing in Agartala. He and his wife are residing together in Delhi since 2019 and there is no one in the family of the petitioner/applicant to look after his wife and his 1.[5] year old daughter, particularly in the light of medical complicantions in pregrancy of his wife. The parents of the wife of the petitioner/applicant are living in Delhi and she has shifted to their house. 2022:DHC:3183

2. Notice was issued. Status Report has been filed. 2.[1] It has been submitted that the present FIR was registered on 26.02.2022 after trap was laid and Cannabis weighing 252 kgs. was recovered from the present petitioner and at the time of the trap and later on about 407 kgs. were recovered at his instance. Further recovery of 51 kgs were also made. So, total Ganja from the the possession of the present petitioner was about 710 kgs. 2.[2] It has been submitted that earlier the present petitioner was involved in case FIR No. 31/2021, U/s 20(b)ii(c)/29 NDPS Act, registered at PS- Mungiakami, Tripura in which 924 KG Cannabis was recovered from the possession of accused/petitioner and he was on interim bail in the said case and during that period he further committed the offfence, which is subject matter of the present FIR. 2.[3] As per the prosecution, jumping of interim bail cannot be ruled out as he has previous history of jumping the condition of parole/interim bail and committing same type of crime during his parole/interim bail. 2.[4] It has been submitted that investigation of the case is in progress and the charge-sheet is likely to be filed shortly.

3. I have heard learned counsel for the petitioner as well as the learned APP. 3.[1] Medical documents of the wife of the petitioner stands verified. However at present, she is living with her parents at Laxmi Nagar. In my view, they can take care of her during her pregnancy. The petitioner has the tendency of jumping the parole/interim bail and of committing crimes during the said period, which is evident from the facts of the present case as he was earlier arrested in Case FIR No. 31/2021, U/s 20(b)ii(c)/29 NDPS Act PS- Mungiakami, Tripura and he is further alleged to have committed same type of crime during his interim bail period and recovery of 710 kgs of Cannabis was made from him.

4. Keeping in view his previous involvement, tendency to commit crime during interim bail period and of jumping the parole/interim bail and the fact that parents of the wife of the petitioner/applicant are available to take care of her, I am not inclined to grant interim bail to the peittoner at this stage.

5. The bail application is dismissed.