Rajasthan High Court Cancels Bail Granted To Mastermind Of Psychotropic Drugs Case- Anand Singh

Justice Pankaj Bhandari, while allowing the suo moto bail cancellation application. observed,

"The involvement of accused respondent - Anand Singh is writ large from the very fact that relevant photos and WhatsApp chats were found in the mobile phone of respondent accused-Anand Singh, which clearly show that he was receiving order online for these psychotropic substance and same were exported to USA. Further, from the chargesheet, it is also revealed that Anand Singh was the mastermind, who was running the Drug Syndicate."

The court opined that Anand Singh's presence is shown during the search of premises in Khatipura from where recovery of contraband of commercial quantity was made. The court observed that there is also evidence that payments for the psychotropic substance were received in the account of Anand Singh. The court also observed that he accepted in his statement that he was receiving the payment of these drugs in cash or in his account. The court directed that he should be taken in custody forthwith.

Moreover, the court opined that from the charge-sheet filed by DRI, it is evident that accused respondent- Anand Singh is the mastermind and principal accused of the case, who was operating the Syndicate. The court added that relevant photos and WhatsAp chats found in the mobile phone of respondent accused - Anand Singh clearly shows that he was receiving orders online for these psychotropic substances and the same were being exported to the USA.

The court refused the contention of Anand Singh's counsel that the court cannot review its order and observed that Section 439(2) of CrPC is an independent clause, which authorises the court to cancel the bail. The fact of recovery of the commercial quantity of contraband in Delhi from IGI Airport and from premises of DHL Express Indian Pvt. Ltd. was never put up before this court at the time when the bail application of accused respondent- Anand Singh was allowed, added the court.

It was noted by the court that as per the mandate of Section 37, a person who is dealing with the commercial quantity of contraband is not entitled to bail unless the court is satisfied that there is no material to consider the accused as guilty. If the bail is granted, he would not repeat the offence, added the court.

Further, while cancelling the bail application of accused Anil Chaukdiwal and Deepak Chaukdiwal, the court observed that a commercial quantity of drugs was recovered from their premises. It has come in charge-sheet that they supplied psychotropic drugs to the Drugs Syndicate of which Anand Singh was the mastermind, added the court.

The court remarked that as far as accused Bhagwan Sain is concerned, from the premises, which he had taken on rent, a commercial quantity of contraband was recovered. The court found that marble posts and statutes were being used to conceal the drugs for shipping them to the USA. Further, court opined that the accused Bhagwan Sain in his statement, recorded under Section 67 of the NDPS Act admitted that he had taken the premises on rent and that he has been receiving the consignments of drugs and after concealing the psychotropic drugs in marble pots and statues, the same were being transported. Further, the petitioner is also responsible for booking of these parcels from the General Post Office, observed the court.

Facts

Essentially, on receiving information that huge quantities of psychotropic substances were being smuggled regularly to the USA from Jaipur, a search was conducted by the Directorate of Revenue Intelligence (DRI) at a house rented by Bhagwan Sain, wherein commercial quantity of psychotropic substances was recovered. Further, tablets/ injections were seized from an House situated at Sadar Bazar, Nasirabad belonging to Anil Chaukdiwal and Deepak Chaukdiwal. On the basis of material found in the mobile phones of the accused and their respective statements regarding shipments, the DRI Officers seized certain contraband substances in commercial quantities from IGI Airport and Moti Nagar, Delhi.

Thereafter, Anand Singh was granted bail on 5.3.2022. The other accused petitioners have been charged under sections 22-C, 23-C, 25, 29 r/w sections 2, 8-C, 9(1-A) of NDPS Act, 1985 and Rules 65-A and 66 of the NDPS Rules, 1985 whereas accused Anand Singh, in addition to the above charges, was also charged under Section 8/27 of NDPS Act. Taking note of this, the court directed to register suo moto bail cancellation whereupon notices to accused respondent-Anand Singh was issued.

The counsels for the petitioners include Mr. Nitin Bhandari, Mr.Surya Prakash Sharma and Mr. Ravi Kant Sharma. The counsel for the respondents include Mr. Anil Upman. The counsel for DRI includes Mr. Kinshuk Jain.

Case Title: Suo Moto, Rajasthan High Court, Jaipur Bench v. Anand Singh

Citation: 2022 LiveLaw (Raj) 116

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