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2021 Supreme(Del) 1701

RAJNISH BHATNAGAR
Madan Giri – Appellant
Versus
State (NCT Of Delhi) – Respondent


Advocates appeared:
Sunil Mehta, Advocate, Manjeet Arya, Advocate, Amit Kumar, Advocate

JUDGMENT

Rajnish Bhatnagar, J. - By way of this order, I shall dispose of the present bail application filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. on behalf of the petitioner for grant of regular bail in case FIR No. 623/2020 registered under Section 21 of the NDPS Act at P.S. New Usmanpur, Delhi.

2. Briefly stated, the allegations against the petitioner are that on the basis of a secret information received on 16.10.2020 at about 6:30 p.m., he was apprehended by the raiding party from Dharam Pura Red Light near Masjid, Service Road, Shastri Park, Delhi at about 8:10 p.m. Notice U/s 50 of the NDPS Act was given to him and ACP Seelampur was called at the spot. In the presence of ACP Seelampur search of the petitioner was conducted and 08 Gms. SMACK was recovered from his possession.

3. I have heard the Ld. counsel for the petitioner, Ld. APP for the State and perused the status report filed by the state.

4. It is submitted by the Ld. counsel for the petitioner that the search and seizure effected from the accused was in contravention with the mandatory provisions of Section 50 of the NDPS Act. He further submitted that there is non-compliance of Section 41/42/50/57 NDP

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