IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLICATION NO. 3294/2022

IN THE MATTER OF:

GAURI SHANKAR JAISWAL …PETITIONER

VERSUS

NARCOTICS CONTROL BUREAU …RESPONDENT

FIR NO./NCB FILE NO. VIII/30/DZU/2018

U/S 20/203 OF NDPS ACT, 1985

PS: NCB

Accused under custody since 04.02.2019

APPLICATION FOR GRANT OF BAIL UNDER SECTION 439 OF CRPC, 1973

The petitioner-accused above named most respectfully showeth:

1. That the accused above named has been in judicial custody since 4 th February 2019 in
respect of the offences under sections 20/23 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereinafter referred to as “NDPS ACT”) on the file of the
Narcotics Control Bureau (hereinafter referred to as “NCB”).

2. That the brief case of the prosecution is as follows:

i. Upon anonymous information received by the NCB, one parcel suspected of

containing the narcotic drug was searched and therein, 10 copper flower pots
were found with the total weight of the total consignment being 63 Kgs. On
 further scrutiny, dark brown coloured rectangle shaped pieces on testing gave
a positive result of ‘charas’.
ii. The said contraband weighing 19.90 Kg of charas was seized in the presence
of independent witnesses vide Panchnama dated 01.10.2018. It was alleged
that there were 40 identical pieces and as such, two of such pieces were tested
and kept separately in zip lock pouches, being marked as A1 and A2.

iii. The parcel was traced to the address of “GMS World Ltd. at Hongkong,
Mobile No. +85291541077” as the receiver and the particulars of the sender
mentioned the details of one - Gauri Shankar Jaiswal i.e., the present
applicant, S/o Bindalal Prasad Jaiswal, Village-Mashaha, Dhaka, East
Champaran, Pin-845418 (Bihar) Mobile No. +917643871911. A photostat
copy of Aadhar card of the present applicant duly signed by him was enclosed
therewith.

iv. During the course of investigation, summons under section 67 NDPS Act were
issued to the present applicant, who appeared and tendered his self-written
voluntary statement under section 67 of the NDPS Act at New Delhi on
04.10.2018 and further tendered voluntary statement on 05-10-2018, wherein
he admitted that he had booked the said parcel containing the contraband. The
said applicant also disclosed that he was a resident of Nepal and had prepared
an Aadhar Card containing address of Bihar, from Delhi. He revealed that his
Nepali friend ‘Bir Lama’ had given him the said contraband and he booked the
same by concealing them in copper vessels.

v. On the basis of sufficient material on record and for committing an offence

under NDPS Act, the petitioner was arrested on 05.10.2018.

3. That the NCB, the investigating agency in the present case, failed to follow the
appropriate sampling procedure at the time when the recovery and seizure of the
contraband was made in the present case, clearly in violation of the procedure laid
down by this Hon’ble Court in Basant Rai v. State, 2012 (13) DRJ 471.
 4. That, further, the NCB had mixed the alleged contraband it found from the
parcel/packages from different “semi solid rectangle shaped pieces”, in clear violation
of the dicta laid down in the said case and the Standing Order 1/88 dated 15.03.1988
(Paras 1.6 and 1.7) and 1/89 (Paras 2.3, 2.4 and 2.5).
5. That, further, the NCB had not filed any document to the effect that it tested the
alleged contraband using the field-testing kit they are provided, which would have
indicated that proper test was conducted by the investigating agency.

6. That, in short, the accused submits that the NCB had mixed all the packets of the
alleged contraband, and these packets were sent to FSL, which is against the
procedure established by law.

7. That the accused-petitioner is not a habitual offender and is not likely to get involved
in any other case if enlarged on bail.

8. That the accused undertakes to join the investigation as and when directed to do so.

9. That the accused is not a previous convict and has not been involved in any case of
this nature except the present case.

PRAYER

It is therefore respectfully prayed that the accused may kindly be released on bail
during the pendency of this case.

PETITIONER

Through

ADVOCATE

New Delhi

Dated: __ December 20__