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2023 Supreme(Del) 4273

AMIT SHARMA
Masibur Khan – Appellant
Versus
State (Govt. of NCT of Delhi – Respondent


Advocates appeared:
Mr. Akshay Bhandari, Mr. Anmol Sachdeva, Advocates, for the Petitioner.
Mr. Aman Usman, APP, for the State with Mr. Sharique Ansari, Advocate alongwith ASI Neeraj Kumar, PS Crime Branch.

JUDGMENT

Amit Sharma, J.

1. The present application under Section 439 of the Cr.P.C. seeks regular bail in case FIR No. 54/2020, under Sections 20/29 of the NDPS Act, at P.S. Crime Branch.

2. The case of the prosecution under the status report, dated 11.01.2023, authored by Arvind Kumar, Assistance Commissioner of Police, ARSC, Crime Branch, Delhi, is as under:

i. On 24.02.2020, a secret information was received stating that a person namely, Masibur would supply `ganja' through Train Parcel Van, to one named, Bali Khan at New Delhi Railway Station. In view of the receipt of the said information, an enquiry was conducted and a trap was laid at New Delhi Railway Station.

ii. While trying to apprehend the said persons, the present applicant managed to escape from the spot, however, the co-accused, Bali Khan was apprehended along with the driver of Eco van.

iii. The recovery effected in the present case from the applicant was that of 180 kg of ganja. It was submitted that the said substance was divided in 9 boxes containing 4 plastic polythenes each. In total, 36 packets of 5 kg each were recovered. On mixing a little bit of the substance from four parcels recovered from each of the boxe

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