HC denies bail to member of interstate narcotic syndicate, notes recovery of 117 Kg opium

New Delhi: The Delhi High Court has denied bail to a man, who was an alleged member of an interstate narcotics syndicate, noting that a total of 117 Kg commercial quantity of contraband opium was recovered from several of his associates.

The high court said the call details records (CDR) also show that the accused Ram Kumar Gupta was in regular touch with co-accused Jagannath Rai, who is alleged to be the kingpin of the entire case.

In the entire facts and circumstances of this case, it cannot be said that the petitioner's (Gupta) role is only restricted to the possession of 1 Kg of opium but as per the allegations he is the part of the larger conspiracy and is instrumental along with other co-accused persons in supplying the narcotic drugs to various parts of the country, Justice RajnishBhatnagar said.

The court said looking into the seriousness of the offence punishable under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and to curb the menace of drug trafficking in the country, stringent parameters have been prescribed for grant of bail under the Act. It noted that the charges have been framed in the case and examination of witnesses is in progress.

The court said Gupta was in touch with Rai which was evident from the analysis of CDRs and even the voice samples have also matched and he was in conspiracy with other co-accused persons.

According to the prosecution, Rai is the kingpin and used to procure opium from Naga Tribes and supply the same to his contacts in Bareilly, Badaun, and other parts of the country.

The prosecution said various members of the drugs syndicate were arrested in 2016 and they all were alleged members of an interstate narcotic syndicate who were indulging in drug supplying in Delhi, UP, Punjab, and Manipur for the last several years and were doing this in close association with each other.

Gupta was arrested from his house in Bareilly in August 2016 after one of the accused disclosed that he used to supply opium to several other persons including the accused from whom 1 Kg opium was recovered.

The prosecution said as per the FSL report, voice samples of all the accused persons including Gupta matched with intercepted voice calls of accused persons.

FSL report of voice samples was also proving the indulgence of the accused in drug trafficking activities and that another co-accused went to Manipur to procure opium from Rai on the direction of Gupta, it contended.