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2021 Supreme(Del) 568

YOGESH KHANNA
Rahul Gupta – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant :Mr.Rajiv Mohan, Mr.Swapnil Krishna, Mr.Nipun Arora, Advocates.
For the Respondent: Mr.Kamal Kumar Ghai, APP, with ACP Sanjay Sharma, Rajouri Garden, and SI Amit Sehrawat, PS Hari Nagar.

JUDGMENT :

1. The appeal is filed against the impugned order dated 18.03.2020 passed by the learned Special Judge, West District, Tis Hazari Courts, Delhi (hereinafter referred learned Trial Court) and to direct release of appellant on bail per Section 167 Criminal Procedure Code (Cr PC) read with Section 21(2) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred as MCOCA) in case FIR No.397/2019 registered at police station Hari Nagar.

2. The learned counsel for the appellant says FIR No.100/2018 was registered under NDPS Act at police station Hari Nagar, Delhi and accused Salman Tyagi was arrested on 17.02.2018 and appellant/accused Rahul Gupta, was arrested on 18.04.2018 in the said FIR. The appellant was granted regular bail in such FIR No.100/2018 on 05.07.2019 by this Court on the ground there being no evidence against him, except disclosure statement of a co-accused.

3. However, on 13.08.2019, the present FIR was registered under MCOCA. On 03.10.2019 co-accused Salman Tyagi was arrested in the present FIR and appellant herein was arrested on 21.10.2019. There is a provision for extension of period of investigation under the Act from 90 days to 180 days,

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