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2021 Supreme(Del) 869

MANOJ KUMAR OHRI
Mamta And Other – Appellant
Versus
State Of Delhi And Other – Respondent


Advocates appeared:
Mr. Rahul Sharma, Advocate, for the Appellant; Ms. Neelam Sharma, APP for State with SI Jai Kishan, P.S. Budh Vihar, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. - The present application has been filed under Section 439 Cr.P.C. read with Section 37 of the NDPS Act on behalf of the applicant seeking regular bail in FIR No. 312/2020 registered under Sections 21/61/85 of the NDPS Act at Police Station Budh Vihar, Delhi.

2. Learned counsel for the applicant submits that as per the prosecution case, a secret information was received at about 8:00 p.m. that the applicant, who was involved in selling of drugs, could be arrested. A raid team was organized and at about 9:15 p.m. when the applicant was allegedly getting down from an auto, she was identified by the secret informer and apprehended. A notice under Section 50 of the NDPS Act was given to her and on being searched by W/Ct. Rekha, 50.75 gms Smack was allegedly recovered from the possession of the applicant. Learned counsel has contended that the provisions of Section 50 of the NDPS Act were not strictly complied with in the present case. He submitted that the search of the applicant, admittedly conducted by W/Ct. Rekha, was in complete contravention of Section 50(4) of the NDPS Act and the alleged recovery being of 'intermediate quantity' in nature, the rigours

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