BIPIN BIHARI LENKA Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) This is an application under Sec. 439 of Cr.P.C. filed on behalf of the petitioner seeking regular bail in Complaint No. VIII/18/DZU/2020, SC No. : 160/2020, under Ss. 8/20/29 of NDPS Act.

(2.) In brief, as per the case of prosecution, on 25/2/2020, around 3:30 A.M., a truck with registration No. AP16TB8577 being escorted by two cars, namely, Eco Sport and Swift Dzire was intercepted by the NCB team on secret information near Sarita Vihar Metro Station, Delhi. Upon questioning, the truck driver introduced himself as Bipin Bihari Lenka, the petitioner in the present application. Other persons were identified as Mayadhar Behra and Achuta Pradhan (Khalasi). The persons sitting in Swift Dzire were identified as Arjun Pahadi with driver and those in Eco Sport as Virender Tanwar and Sunil Behra with driver. On questioning, they revealed that contraband (Ganja) was concealed in a cavity behind the cabin of the truck. Mayadhar with the help of Achuta Pradhan opened the secret door of the cavity with the help of plier and packets wrapped in brown tape were recovered. Mayadhar and Arjun Pahadi confirmed that Ganja is packed inside the brown packets.

(3.) In furtherance to the notices issued under Sec. 67 of NDPS Act, all the accused persons appeared before Sh. Rajeev Sehrawat, IO and their statements were recorded. Accused Sunil Behera in his statement disclosed that he is engaged in business of supplying Ganja since last one year with the help of his brother Mayadhar Behera and Arjun Pahadi. Further, he came to Virender Tanwar's home on 17/2/2020 to collect advance money. Virender Tanwar disclosed that he had already deposited all the amount with Mayadhar Behra and Arjun Pahadi's bank account. Accused Arjun Pahadi disclosed in his statement that he along with co-accused Mayadhar Behera was involved in Ganja business from last one year and they used to supply the said contraband from Ganjam, Orissa to Delhi NCR and Haryana. Further he stated that two months ago co-accused Virender Tanwar came to Orissa and requested him to supply 34 quintals of Ganja to Delhi and also sent money to the bank account of Arjun Pahadi's wife for the same. He also added in his statement that he arranged Ganja and booked a truck for transportation of the contraband to Delhi. Further, on 21/2/2020 he along with Mayadhar Behera and Achuta Pradhan loaded 386 Kgs. Ganja in the cavity of truck made behind the cabin. A Taxi was also hired by him to escort the truck loaded with Ganja but they didn't disclose to taxi driver about the trafficking of Ganja. On 22/2/2020, Achuta Pradhan (khalasi) and petitioner Bipin Bihari Lenka in truck No. AP16TB8577 and Arjun Pahadi and Mayadhar Behra along with driver in Maruti Swift Dzire No. OD07B5757 left for Delhi. They reached Delhi early in the morning on 25/2/2020 where they were subsequently apprehended by the NCB. In his statement, petitioner Bipin Bihari Lenka disclosed that he works as a driver in Ganjam, Orissa. On 22/2/2020, co-accused Achuta Pradhan had handed over the keys of the truck to him and he drove the truck from Orissa to Delhi. The petitioner was therefore arrested with all other co-accused persons on 25/2/2020. In his statement, Achuta Pradhan stated that he is working as Khalasi on Truck No. AP16TB8577 and came to Delhi in the truck. He accepted his involvement in trafficking of Ganja and arrested vide arrest memo dtd. 25/2/2020. Virender Tanwar disclosed in his statement that he gave money to Mayadhar Behra and Arjun Pahadi to deliver 386 Kgs of Ganja to him in Delhi-NCR. He also accepted h is involvement and arrested vide arrest memo dtd. 25/2/2020. Mayadhar Behra stated that he along with Arjun Pahadi arranged 386 Kgs. of Ganja and came to Delhi to deliver the same to Virender Tanwar. He was arrested vide arrest memo dtd. 25/2/2020.