Jumah Khan vs State Govt. of NCT Of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 2323

ANISH DAYAL
Jumah Khan – Appellant
Versus
State Govt. of NCT Of Delhi – Respondent

Advocate Appeared:
For the Appellant :Mr. Shiv Chopra, Ms. Aadhya Khanna and Mr. Nikhil Srivastava, Advocates
For the Respondent:Mr. Narinder Jit Singh Bajwa, Mr. Shivesh Kaushik, Advocate.

JUDGMENT :

ANISH DAYAL, J.

1. By this petition, the petitioner is seeking regular bail in FIR No. 26 of 2014, registered at PS Special Cell under Sections 21/29 NDPS Act.

2. The facts as per the FIR are that pursuant to an information received on 23rd June 2014, that Afghan nationals residing at Lajpat Nagar, Arhar colony and other places in Delhi were running a macrodrug cartel, informants were deployed at various places to identify these drug traffickers. Based upon subsequent specific information that there would be a collection of consignment of drugs opposite Oberoi Hotel flyover, Delhi, and pursuant to information being conveyed to the ACP, a raid was directed to be conducted. The information was lodged vide DD No. 15 at 2.45 p.m. and submitted before the Inspector in charge in compliance with Section 42 NDPS Act. Subsequently, when the reading team reached the spot, opposite Oberoi Hotel flyover, they found a private Maruti car parked on Lodi Road near Amir Khushro Park. One person came on foot from the park along with a black and grey colour bag and stood near a streetlight pole and was identified by the informer as Jumah Khan, a resident of Afghanistan (the petitioner herein)