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2022 Supreme(Del) 505

ASHA MENON
Mohd. Mansoor – Appellant
Versus
State (Govt. Of NCT of Delhi) – Respondent


Advocate Appeared:
For the Petitioner:Mr. Rahul Sharma, Mr. Masood Alam & Mr. Sanjay Jain, Advocates.
For the Respondent: Mr. Rajesh Mahajan, ASC with SI Ram Kumar.

ORDER :

1. This application under Section 439 Cr.P.C. seeking regular bail has been moved by the applicant/accused in FIR No.192/2019, registered under Section 20 NDPS Act, 1985 at Police Station Sun Light Colony, Delhi.

2. The allegation against the applicant is that on 25th July, 2019 at about 7:20 PM, a police party comprising ASI Viju, Head Constable Deshraj, Constable Arvind and Constable Dharmender proceeded from Sun Light Colony with arms and ammunition for Independence Day checking. At a place, which was 50-60 meters away from Sarai Kale Khan Bus stand, on ITO to Ashram Road, they noticed a person who was holding a plastic bag. Doubting the presence of the said person, who was none other than the applicant, they proceeded towards him, but the applicant threw his bag and began running away. The police team managed to apprehend him. Thereafter, when the passersby refused to join the raid, they opened the plastic bag and noticed some material which as per colour and smell was suspected to be Ganja and it was weighted and found to be 21 Kgs. Notice under Section 50 NDPS Act was served and Officer AATS/SED was informed and the accused produced before the ACP and other proceedings

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