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2023 Supreme(Del) 2082

ANISH DAYAL
Mohd. Iqbal Ali – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. U.A. Khan and Mr. Shahrukh Khan, Advocates, for the Petitioner.
Mr. Ritesh Kumar Bahri, APP, for the State with SI Sukhraj Singh, Crime Branch.

JUDGMENT

Anish Dayal, J.

1. This petition has been filed seeking regular bail in FIR No.19/2019 under Sections 21/25/29 of the NDPS Act registered at PS Crime Branch. The petitioner has been in judicial custody since 30th January, 2019 and was found in possession of 280g of heroin which is a commercial quantity as per the scheduled ought to the NDPS Act. The minimum and maximum sentence which is prescribed for commercial quantity under the NDPS Act is 10 years and 20 years, respectively. In addition to a fine which shall be not less than Rs.1,00,000/- but may extend to Rs.2,00,000/-. The petitioner had preferred the regular Bail Appln. No.652/2020 before this Court and on 20th December, 2021 had moved an application to withdraw the same with liberty to file a fresh bail application before the Ld. Trial Court. Thereafter, a regular bail application was moved before the Ld. Trial Court but the same was dismissed vide order dated 24th March, 2022.

2. As per the case of the prosecution, on 30th January, 2019 the Narcotics Cell received secret information that a person, namely, Mohd. Iqbal resident of Alipur, Delhi is engaged in the supply of heroin in Delhi and NCR. As per the secret

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