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2023 Supreme(Del) 3945

AMIT SHARMA
Vinay – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Arvind Kumar Shukla, Ms. Reeta Shama, Ms. Neena Shukla, Mr. Shantanu Shukla, Mr. Tushar Swami and Ms. Susmita Devi Ghimiray, Advocates, for the Petitioner.
Mr. Aman Usman, APP for the State with SI Rinku, PS Bawana.

JUDGMENT

Amit Sharma, J. The present application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `CrPC') seeks regular bail in case FIR No. 29/2019 under Sections 21/29 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 present case, as stated in the chargesheet, are as under:

i. On 08.02.2019, at around 01:30 PM, an informer appeared at the Narcotics Cell Office and informed an Officer that a person, Vinay, i.e., the applicant, who resides at Raghuveer Nagar, supplies heroin in Delhi. The infomer stated that the said person, on that day, between 03:00 PM to 03:30 PM will supply a consignment of heroin to a person near Parmanand Special Surgery Hospital, Ring Road, Delhi.

ii. 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 informer alongwith the Investigating Officer, a bag, a Field-Testing Kit and an electronic weighing machine left for the spot in a private car.

iii. After reaching the spot, the raiding party asked 5-

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