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2021 Supreme(Del) 302

SURESH KUMAR KAIT
Mohammad Akbar – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Amjad Khan, Advocate
For the Respondent: Mr. Amit Chadha, Adv

JUDGMENT :

1. Petitioner, who is accused in FIR No. 117/2019, registered at Special Cell, New Delhi for the offences under Sections 21/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as “NDPS Act”), is seeking bail by this petition. In the alternative, a prayer is made to release him on interim bail for 45 days.

2. The case of the prosecution is that on 17.07.2019, upon receipt of secret information, a raiding team was constituted and after collecting IO bag, field testing kit, electronic weighing machine and official brass seal of "SPL CELL NDR 38", the raiding team headed towards ISBT/Majnu Ka Tila and when they further received secret information that Deepak with his associates will assemble at 12:30 PM under Ashram Flyover, they reached there and tried to join two public witnesses, who refused to join the proceedings due to their own compulsions.

3. At around 12:30 PM two cars bearing registration number DL3C BE 1152 & DL3C AA 8369 came at the place of information, whose drivers came outside and started talking to each other and as the secret informant gave signal, the raiding party apprehended both the drivers. They disclosed their entity as

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