Full Judgment Text
$~106
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 28.05.2025
+ BAIL APPLN. 1842/2025 & CRL.M.A. 14924/2025 &
CRL.M.A.14925/2025
RAMANDEEP SINGH .....Petitioner
Through: Mr. M.L. Yadav, Mr. Harish
Chand, Mr. Prashant and Mr.
Anant Chitoria Advocates
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Manoj Pant, APP for the
State and SI Sandeep Kumar,
Special Cell NDR
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
DR. SWARANA KANTA SHARMA, J. ( ORAL )
1. By way of this application, the applicant seeks grant of regular
bail in case arising out of FIR bearing no. 172/2021, registered at
Police Station Special Cell, Delhi for the commission of offence
punishable under Sections 21/25/29 of the Narcotics Drugs and
Psychotropic Substances Act, 1985 [hereafter „ NDPS Act ‟].
2. Brief facts of the case are that on the basis of a secret
information received on 05.07.2021, co-accused Rizwan was
apprehended during the intervening night at Ghitorni, Delhi, while he
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was in a vehicle (scooty) bearing registration no. DL12SP1160. Upon
search of the boot of the said vehicle, 1.17 kg of heroin was
recovered. Pursuant to Rizwan‟s disclosure, co-accused Gurpreet and
Gurjot were apprehended at Sector-65, Faridabad, Haryana. Upon
search of the vehicle belonging to co-accused Gurpreet bearing
registration no. UP15CW6969, a recovery of 168.5 kg of heroin was
made. Similarly, 116 kg of heroin was recovered from the vehicle
bearing no. DL10CK0539, which was being used by co-accused
Gurjot. Subsequently, based on the disclosure of Gurpreet and
Gurjot, a search was conducted at Flat No. 402, NSG CGHS Ltd.,
Sector-65, Faridabad, from where an additional 71 kg of heroin was
recovered. The co-accused Rizwan further disclosed information
about co-accused Hazrat, who was later apprehended from Village
Jharsa, Gurugram. From his possession, 1.99 kg of heroin was
recovered on 08.07.2021. Thereafter, at the instance of co-accused
Hazrat and Rizwan, a search was conducted at House No. 182,
Ghitorni, Delhi. From the said premises, two containers of
hydrochloric acid, one container of liquid ammonia, and one
container of dextromethorphan – all chemicals commonly used in the
preparation of heroin – were recovered. Subsequently, based on the
disclosure made by co-accused Gurpreet and Gurjot, present
accused/applicant Ramandeep was apprehended from Beas, Amritsar.
At his instance, 210 grams of heroin was recovered on 01.08.2021.
Ramandeep then disclosed the name of another accused, Navpreet,
who is yet to be arrested. During the course of investigation,
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documents pertaining to Navpreet were recovered from Ramandeep‟s
possession. Co-accused Gurpreet and Gurjot had further disclosed
information regarding a factory at Shivpuri, following which co-
accused Hardev Singh, Manjeet Singh, and Prabhjeet Singh were
arrested from Taloja Jail, Maharashtra, where they had already been
incarcerated in connection with a DRI case pertaining to seizure of
contraband from Shivpuri. It was also revealed that an iPhone used in
the narcotic syndicate had been provided by present accused
Ramandeep to Gurpreet and Gurjot; the said iPhones were
subsequently recovered from the possession of Gurpreet and Gurjot.
Investigation further indicated that co-accused Hardev Singh,
Manjeet Singh, and Prabhjit Singh were part of the narcotic
syndicate. A financial transaction of ₹2,80,000/- between co-accused
Hardev Singh and co-accused Lovejit @ Labba was traced. The
godown at Shivpuri, from which the heroin had been sourced, had
been taken on rent by co-accused Manjeet Singh. Statements of the
owners, Mr. Gopal and Mr. Jitender Shiv Hare, confirmed that the
premises had been rented by Manjeet and the rent was paid by
Lovejit @ Labba and Manjit @ Manna. Further investigation
revealed that co-accused Prabhjit Singh had imported the contraband
into India and had deposited the cash proceeds from Shivpuri into the
account of an entity named Sandhu Export. Upon completion of the
investigation, a charge sheet was filed against the accused persons
Rizwan Ahmed, Gurpreet Singh, Gurjot Singh, Hazrat Ali,
Ramandeep Singh (applicant herein), Hardev Singh, Manjeet Singh
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and Prabhjit Singh. Thereafter, a supplementary charge sheet was
also filed against accused Manjit @ Manna and Lovejit @ Labba.
3. The learned counsel appearing for the applicant argues that the
applicant has been falsely implicated in the present case and he does
not have any criminal antecedents. It is argued that no independent
witness has been made a party to the proceedings who can verify the
version of events claimed by the prosecution. The learned counsel
also states that the applicant was not a party to the distribution
network of the drugs, as alleged by the prosecution, and there is no
evidence to suggest the same. It is further argued that the allegation
against the applicant in the chargesheet is that 210 grams of heroin
(i.e. an intermediate quantity) was recovered at his instance from his
residence in Punjab and not from his person, along with cheque-
books, and Election Id and Aadhaar card belonging to co-accused
Navpreet Singh. Thus, at this stage, nothing is required to be
recovered as the instance of the applicant and his custodial
interrogation is not warranted. It is also argued that bar under Section
37 of NDPS Act would not be applicable in this case as the recovery
shown from the residence of the applicant is an intermediate quantity.
The learned counsel also argues that the applicant is in judicial
custody since 17.07.2021 i.e. for almost four years and since the trial
is at nascent stage, he be granted regular bail.
4. On the other hand, the learned APP for the State argues that in
this case, the applicant herein was apprehended pursuant to
disclosures made by co-accused Gurpreet and Gurjot, from whom
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168.5 kg and 116 kg of heroin respectively, and additional 71 kg of
heroin at their instance, had been recovered. Moreover, 210 grams of
heroin was recovered from the residence of the applicant at his
instance. The learned APP for the State further submits that all
mandatory provisions of NDPS Act were complied with and the FSL
report also supports the case of prosecution. It is also contended that
the applicant is one of the most important links of the syndicate and a
close associate (schoolmate) of Navdeep Singh, who is allegedly the
main handler of the entire syndicate, and is absconding. It is also
pointed out that several other incriminating material was recovered at
the instance of the present applicant, which finds mention in the
chargesheet. It is therefore prayed that considering the facts and
circumstances of the case, the present bail application be rejected.
5. This Court has heard arguments advanced on behalf of both
the parties and has perused the record.
6. At the outset, this Court notes that the present case, as revealed
through the material placed on record, discloses the existence of a
large and well-organized narcotic drug trafficking syndicate
operating across multiple states in India, with alleged international
links. The investigation indicates a complex chain involving
procurement, transportation, storage, and distribution of substantial
quantities of heroin and other narcotic substances in different states.
The recovery of commercial and intermediate quantities of
contraband from various accused persons, coupled with the seizure of
chemicals (used to purify the heroin) as well as communication
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devices, points towards a coordinated conspiracy among the accused
persons. As pointed out, a total of 358.880 kg of narcotic substances
as well as chemicals used for purifying the contraband were
recovered from the syndicate.
7. Insofar as the role of the present applicant Ramandeep Singh is
concerned, his name had been revealed by co-accused persons
Gurpreet and Gurjot, from whom a total quantity of about 355 kg of
heroin had been recovered. These recoveries, being of commercial
quantity, indicate that both co-accused were active participants in a
large-scale narcotics operation. Notably, pursuant to their disclosure,
the applicant herein was apprehended and from his residence at Beas,
Amritsar, 210 grams of heroin i.e. 40 grams short of commercial
quantity was recovered. Though the recovered quantity from the
applicant falls under the category of intermediate quantity, it cannot
be viewed in isolation considering the broader context of the facts of
the case and the interconnected roles of all accused.
8. It has come on record that the present applicant was closely
associated with one Navpreet Singh, alleged to be a key handler in
the syndicate, who is absconding and is stated to be in Turkey. The
applicant had disclosed during the course of investigation that he was
a schoolmate of Navpreet Singh and that his ties with Navpreet had
deepened with the involvement of his neighbour, Diljeet Singh Sidhu
@ Lala. More significantly, from the possession of the present
applicant, several incriminating documents pertaining to Navpreet
Singh were recovered, including his election ID card, PAN card,
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Aadhaar card, and a used Axis Bank cheque book belonging to an
account held by Navpreet. Thus, these recoveries prima facie reflect
a close nexus between the applicant and Navpreet Singh.
9. The investigation also reveals that the syndicate relied on
sophisticated and encrypted means of communication to evade
detection. The applicant had provided an Apple iPhone to co-accused
Gurpreet Singh, which was used exclusively for communication via
FaceTime and iCloud, avoiding conventional call records. The Cert-
In report confirmed that the iCloud ID used by the applicant,
brar000777@icloud.com , was accessed on the iPhone recovered
from Gurpreet. Additionally, incriminating chats and call logs were
recovered showing active communication between the applicant and
other members of the syndicate, including Navpreet
( aceoffspades@icloud.com ), Gurjot ( baba000888@icloud.com ), and
Gurpreet ( honey000888@icloud.com ), thereby suggestive of a
coordinated and secure method adopted by the applicant and others to
facilitate and perpetuate the drug trade.
10. Furthermore, the locations of the applicant and other co-
accused Hardev, Gurjot, and Gurpreet, were found to be common in
Shivpuri, Madhya Pradesh, where a factory allegedly linked to the
syndicate‟s operations was located. When viewed and analysed
cumulatively, the material on record discloses not only recovery from
the applicant but also active association and participation in a trans-
state narcotic trafficking network.
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11. In the aforementioned circumstances, the bar under Section 37
of NDPS Act would stand against the present applicant. The Hon‟ble
Supreme Court in Narcotics Control Bureau v. Mohit Aggarwal:
2022 SCC Online SC 891 , while explaining the meaning of
„reasonable grounds‟ under Section 37(1)(b) of NDPS Act, has held
that the same would mean credible and plausible grounds for the
Court to believe that the accused person is not guilty of the alleged
offence, and further that for arriving at any such conclusion, such
facts and circumstances must exist in a case that can persuade the
Court to believe that the accused person would not have committed
such an offence.
12. In Narcotics Control Bureau v. Kashif: 2024 INSC 1045 , the
Hon‟ble Supreme Court held as under:
“8. There has been consistent and persistent view of this Court
that in the NDPS cases, where the offence is punishable with
minimum sentence of ten years, the accused shall generally be
not released on bail. Negation of bail is the rule and its grant is
an exception. While considering the application for bail, the
court has to bear in mind the provisions of Section 37 of the
NDPS Act, which are mandatory in nature. The recording of
finding as mandated in Section 37 is a sine qua non for
granting bail to the accused involved in the offences under the
said Act.”
13. Though an intermediate quantity of narcotic substance (250
grams of heroin) was recovered from the present applicant, huge
commercial quantity of about 355 kg of heroin was recovered from
co-accused Gurjot and Gurpreet, who were closely connected to and
associated with the applicant herein. Further, there is evidence on
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record linking these accused persons to each other and they being a
part of a large narcotic syndicate. Charges have already been framed
against him by the learned Trial Court. In the given facts and
circumstances of the case, this Court finds no reasonable grounds (for
the purpose of Section 37 of NDPS Act) to believe that the applicant
is not guilty of the alleged offence.
14. This Court further notes that the Coordinate Bench had
dismissed the bail application of the applicant vide judgment dated
04.10.2024 in Bail Appln. 550/2024 . While also dealing with the
argument of delay in trial, the Coordinate Bench had observed as
under:
“49.4 What may be relevant to weigh in balance in the present
case, is the nature of the contraband seized. Most of the
decisions cited above, giving benefit of bail for prolonged
custody, seem to be cases where ganja was involved and were
based on their own peculiar facts. Though this cannot be
formulaic, the analysis serves as a useful guidepost.
50. In view of the aforesaid facts and circumstances,
considering the large amount of heroin involved (about 359
kg), the sophisticated and complex nature of the conspiracy,
modus operandi of the accused, role ascribed to the petitioner,
and a serious possibility of flight risk. it cannot be said that the
petitioner has been able to overcome the rigors of Section 37.
The plea for regular bail cannot be granted, at this stage.”
15. The Special Leave Petition [SLP (Crl.) 17949/2024] preferred
by the applicant was also dismissed as not pressed by the Hon‟ble
Supreme Court vide order dated 20-12-2024.
16. The trial in this case is at a crucial stage, since material
witnesses are yet to be examined before the learned Trial Court.
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Considering the overall facts and circumstances of the case, and
taking into account the rigors of Section 37 of NDPS Act, this Court
finds no ground to grant bail to the applicant at this stage.
17. The bail application is accordingly dismissed. Pending
applications also stand disposed of.
18. Nothing expressed hereinabove shall be tantamount to an
expression of opinion on the merits of the case.
19. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J
MAY 28, 2025/A
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