Delhi High Court - Orders
Saneesh Soman vs Narcotics Control Bureau on 6 May, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 591/2025 & CRL.M.A. 4214/2025
SANEESH SOMAN .....Petitioner
Through: Mr. Sowjhanya Shankaran, Mr.
Piyush Kumar and Mr. V. Kumar,
Advocates.
versus
NARCOTICS CONTROL BUREAU .....Respondent
Through: Mr. Arun Khatri, SSC with Ms.
Shelly Dixit and Ms. Tracy Sebastian,
Advocates.
CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 06.05.2025
1. As per the status report dated 24th March, 2025, filed by the Respondent, the role attributed to the Petitioner is described as follows:
..xx.. ..xx.. ..xx..
12. Part played by That in follow up action, it was disclosed by accused. co-accused Sarabjeet Singh that the parcel bearing no. W60803432 shipped from Jaipur and same was to be delivered at Varghese Kuruvilla at Thattel House, Nttakom PO, Kottayam, Kerala. Thereafter the NCB proceeded to the DTDC Courier Service office located at Crystal Arcade, Kodomatha, Kottayam, Kerala-686039.Upon reaching the said location, Sh. Paras Nath met with Sh. Nidesh Sankar and inquired about the parcel identified by tracking number W60803432. During this interaction, Sh. Paras Nath requested Sh. Nidesh Sankar to act as an independent witness for the search and seizure proceedings related to the parcel.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 19:31:08 Furthermore, Sh. Nidesh Sankar informed the NCB team that the recipient of the parcel had been calling repeatedly to inquire about its status. Acting on this information, Sh. Paras Nath directed Sh. Nidesh Sankar to contact the recipient and request that they come to the DTDC office.
Following the instructions of Sh. Nidesh Sankar(Booking Agent), the Petitioner/Accused arrived at the DTDC office to collect the parcel and was apprehended. Upon examination of the parcel, it was confirmed to contain 100 LSD blots, weighing 3.5 grams(0.01 grams is commercial),"
2. As per the aforenoted Status report, apart from the fact that the Applicant went to collect the parcel containing the contraband, the prosecution also places reliance on the fact that the Applicant had been repeatedly calling to enquire about the status of the parcel, establishing the Applicant's conscious possession of the contraband.
3. In response, counsel for the Applicant strenuously argues that the Applicant went to collect the parcel at the request of his neighbour named Robin. She submits that prior to the delivery the Applicant had not made any contact and there is no material to substantiate the allegations made in the Status report. She further points out that the prosecution is placing reliance on the statement of Mr. Nidesh Sankar, who is the manager of the DTDC Office, to allege that the Applicant had enquired about the parcel. It is pointed out that the Trial Court has also taken note of this aspect in the following terms:
"... In statement Mr. Nidesh Shankar has categorically stated that accused called to enquire about the parcel and ·when the accused was called to receive parcel then accused was apprehended, The accused himself called to the DTDC with phone no. 8138903290. From parcel This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 19:31:08 there is recovery of 100 LSD Blots measuring 3.5 grain. It is defence of the accused that he was not aware about the contents of the parcel and went to receive the parcel on pretext of one Robin. The phone of accused has been sent for forensic examination and data still to be recovered, therefore. at this stage, when accused himself went to collect the parcel and enquired about parcel, accordingly, at this stage, it can not be said that there are reasonable ground to believe that accused is not guilty of offence and is not likely to commit the offence again. There is definite bar of Section 37 NDPS Act as commercial quantity of contraband was recovered, hence, bail application of' accused Saneesh Soman is dismissed. Copy of this order be given dasti as well as be sent to Jail Superintendent for communicating the same to accused."
[Emphasis Supplied]
4. However, it is argued that prosecution's case that the Applicant had called from phone no. 8138903290, is entirely misconceived as this phone number belongs to DTDC office. This is apparent from the seizure memo dated 1st June, 2023, wherein it has been recorded as "then Nidesh Sankar told that the receiver of the said parcel is calling on the DTDC office no. 8138903290." She submits that in the "delivery sheet", which forms part of the prosecution complaint, the Applicant's phone number is mentioned as 9562853100, which is different from the one relied upon by the prosecution.
5. Mr. Arun Khatri, SSC for the Respondent, seeks time to examine the record.
6. Renotify on 3rd July, 2025.
SANJEEV NARULA, J MAY 6, 2025 as This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 19:31:08