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2023 Supreme(Del) 2007

AMIT SHARMA
Himanshu Singh – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Ramesh Gupta, Senior Advocate with Mr. Ashish Aggarwal, Mr. Shailendra Singh, Mr. Ishaan Jain and Mr. Harsh Chaudhary, Advocates, for the Petitioner.
Ms. Nandita Rao, ASC (Crl.), GNCTD with Mr. Amit Peswano and Mr. Saransh, Advocates with S.I. Satyender Gulia, P.S. Kotla Mubarakpur, for the Respondent.

JUDGMENT

Amit Sharma, J.

1. The present application under Section 439 of the Code of Criminal Procedure ('CrPC.) filed on behalf of Himanshu Singh, the applicant, seeks grant of regular bail in case FIR No. 171/2022 dated 25.03.2022 under Sections 20/29/61/85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ('NDPS Act.) and Section 201 of the Indian Penal Code, 1860 ('IPC'), registered at PS Kotla Mubarakpur.

2. Briefly stated, the facts relevant for adjudication of the present application are as under:

i. On 24.03.2022, secret information was received by Sub-Inspector Gajendra Singh posted at PS Kotla Mubarakpur that a person who was stated to be actively involved in peddling drugs would arrive at Kidwai Nagar to deliver a consignment of drugs. Acting upon the said information, a team of police personnel reached Nala Pulia, towards Kidwai Nagar, Near Gurjar Chowk, Kotla Mubarakpur, Delhi. At around 11:20 PM, the team spotted a boy who arrived on a grey scooty bearing registration number DL 3SE0Y 7846. The team apprehended him and served a notice under Section 50 of the NDPS Act upon him.

ii. One brown brick wrapped in brown tape was recovered from the rightside pocket o

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