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2023 Supreme(Del) 594

ANISH DAYAL
Galiv Hussain – Appellant
Versus
State GNCT of Delhi – Respondent


Advocates Appeared:
Mr. Irfan Firdous, Mr. Monish Ali Khan, Mr. Abhinav, Mr. Amit Rana, Ms. Aleena, Ms. Varalika Singh Mr. Ziaul Ansari, Mr. Jatin Solanki and Mr. Hasan Raza Khan, Ms. Richa Dhawan, APP with SI Vikas Kumar, Special Staff, East District.

JUDGMENT :

Anish Dayal, J.

By this application, the petitioner seeks regular bail in FIR No. 142/2021 PS Kalyanpuri under Sections 21/29 of the NDPS Act. The petitioner has been in judicial custody since 17th April, 2021.

2. As per the case of the prosecution, on 16th April, 2021 around 9.30 pm on the basis of secret information the Office of the Special Staff got approval to conduct a raid and reached Block-20, Kalyanpuri at about 10 : 35 pm. At 10 : 45 pm, a TSR was spotted outside the street and two boys came out of the TSR who were identified, by the secret informer, as the petitioner and Nadeem. Petitioner and Nadeem reached Rais' house and knocked on the door. The door was opened by Rais who was identified by the secret informer. Nadeem handed over a polythene bag to Rais who put the packet in the right pocket of his cargo pants and started talking to each other. ASI Pramod along with the raiding party apprehended all the three accused, namely, Rais, Nadeem and the petitioner and notice under Section 50 of the NDPS Act was served on them. At 11.10 pm, the ACP reached the spot and a personal search of all three accused was conducted. A polythene packet was recovered from the carg

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