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2023 Supreme(Del) 2201

AMIT SHARMA
Nagesh Sharma – Appellant
Versus
State (N. C. T. of Delhi) – Respondent


Advocates appeared:
Ms. Malvika Trivedi, Senior Advocate alongwith Mr. Rajiv Mohan, Mr. Nipun Katyal, Mr. Shailendra Slaria, Mr. Nishant Madan & Mr. Swapnil Tripathi, Advocates, for the Petitioner.
Mr. Aman Usman, APP for the State alongwith Mr. Shariq Ansari, Advocate & Insp. Rakesh Kumar, AGS/Crime Branch.

JUDGMENT

Amit Sharma, J.

1. This is the second application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (=CrPC') seeking regular bail in case FIR No. 218/2018, dated 29.08.2018 under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (=NDPS Act') and Sections 63 and 65 of the Copyright Act, 1957 registered at PS Crime Branch. The first application for bail filed on behalf of the present applicant (BAIL APPLN. 1099/2020) was dismissed by a coordinate bench of this Court vide order dated 24.11.2020. The said order was challenged before the Hon'ble Supreme Court and the same was dismissed vide order dated 15.03.2021 passed in Special Leave to Appeal (Crl.) No. 554/2021 titled 'Nagesh Sharma v. State of NCT of Delhi'.

2. Briefly stated, the facts of the present case are as under:

i. On 20.08.2018, secret information was received at about 04:00 PM at the office of the Crime Branch that one Sunil Sharma alongwith his associates - Rajesh and Nagesh (the present applicant) were involved in illegally supplying 'Tramadol' to Kolkata and other parts of North-East India. Information was received that Sunil Sharma, Rajesh and Nag

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