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2023 Supreme(Del) 3944

AMIT SHARMA
Sachin Arora – Appellant
Versus
State Govt. NCT of Delhi – Respondent


Advocates appeared:
Mr. Ajayinder Sangwan, Mr. Rohan Sharma, Mr. Smit Singh Kuru and Mr. Ambuj Johar, Advocates, for the Petitioner.
Mr. Aman Usman, APP for State with SI Abdul Barkat, P.S. Crime Branch.

JUDGMENT

Amit Sharma, J. The present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `CrPC`) seeks regular bail in case FIR No. 69/2019 under Sections 21/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `NDPS Act`) registered at PS Crime Branch.

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

i. On 23.03.2019, SI Ravi Saini, who was present at Narcotic Cell Office at about 06:00 AM, received information from an informant to the effect that a person, namely, Sachin, i.e., the present applicant, who is a resident of Uttam Nagar, Delhi supplies heroin in Delhi and that he shall be supplying a huge quantity of heroin at about 07:45 AM to 08:15 AM near Mukundpur Flyover on the Outer Ring Road, towards Azadpur.

ii. It is recorded that after receiving the said information, formalities under Section 42 of the NDPS Act were completed and a raiding party was organized. The said raiding party and the informant, alongwith an IO Bag, Field-Testing Kit and an electronic weighing machine left for the aforesaid spot in a private car.

iii. After reachi

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