MOHIT JAISWAL vs CENTRAL BUREAU OF INVESTIGATION

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 22nd January, 2025 Pronounced on:28th January, 2025 + BAIL APPLN. 3730/2023, CRL.M.A. 34946/2024 & CRL.M.(BAIL) 1940/2024 MOHIT JAISWAL .....Petitioner Through: Mr. Aditya Aggarwal, Mr. Naveen Panwar and Mr. Mohd. Yasir, Advocates. versus CENTRAL BUREAU OF INVESTIGATION .....Respondent Through: Mr. Ravi Sharma, SPP with Mr. Swapnil Choudhary, Mr. Ishann Bhardwaj, Mr. Sagar and Ms. Madhulika Rai Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. The present application under Section 439 of the Code of Criminal Procedure, 19731, seeks grant of regular bail in FIR No. RC2202023E0016 dated 06th July, 2023, under Section 8 read with Sections 22, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 19852, registered at P.S. CBI EO-II, New Delhi. At the outset it is noted that even though the Applicant has not been explicitly named in the FIR, he was arrested pursuant to an investigation conducted by CBI under the said FIR. 2. Briefly stated, the case of the prosecution is as follows: 1 “CrPC” 2 “NDPS” Signature Not Verified Digitally Signed BAIL APPLN. 3730/2023 Page 1 of 10 By:DEEPANSHI NEGI Signing Date:28.01.2025 17:33:49 2.1 On 04th July, 2023, the National Crime Bureau, New Delhi3 received a reference from the Interpol Drug Unit concerning three parcels that had arrived in India from Belgium and were suspected to contain prohibited drugs. The details of the recipients of these parcels are as follows: – (i) Arjun Gupta at Mumbai, (ii) Anil Kumar at Baraut Tehsil, Prayagraj and (iii) Rohit Yadev at Gokul Dhaba, Prayagraj. The Interpol reference further informed NCB that 2 out of the 3 parcels were detained by Customs and the third was at a collection point awaiting